Female genital mutilation/cutting in Africa: Legal and educational deterrence

reprohealthlaw blog

Congratulations to Satang Nabaneh of the University of Pretoria’s Centre for Human Rights, at the Faculty of Law, University of Pretoria, South Africa, and Adamson S. Muula, of the Africa Center of Excellence in Public Health and Herbal Medicine (ACEPHEM), Department of Public Health, College of Medicine, University of Malawi in Blantyre, whose article, recently published in the International Journal of Gynecology and Obstetrics, suggests that female genital mutilation or cutting (FGM) can be progressively deterred in African countries, by legal and educational means, where there is a will to apply them:

Satang Nabaneh and Adamson S. Muula,Female genital mutilation/cutting in Africa: A complex legal and ethical landscape,”  InternationalJournal of Gynecology and Obstetrics, 2019; 145: 253–257,  PDF at Wiley Online. Submitted text at SSRN.

Abstract:  While international and regional human rights instruments have recognized FGM/C as one of the most prevalent forms of violence against…

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Some rays of light on the plight of irregular migration within Africa

Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg

In 2018 alone, hundreds of witnesses confirmed more than 1 000 migrant deaths on the African continent. But researchers estimate that these numbers represent only a fraction of the overall number of deaths of people on the move in Africa.[1] According to the International Organization for Migration (IOM), during the first three months of 2019, 98 migrants died in Africa (28 in North Africa and 70 in the Horn of Africa, mostly from drowning in the Red Sea whilst hoping to reach Saudi shores).[2] In 2018, the number of fatalities on the continent amounted to 1 401, mostly presumed to come from the Horn.[3]

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Citizen media and the freedom of expression

Author: Adebayo Okeowo
Advocacy Coordinator, Centre for Human Rights, University of Pretoria

If you have ever found yourself whipping out your phone to film or photograph police officers brutally beating up peaceful protesters, and you subsequently share that video or picture on social media, you have just contributed to citizen media. You are also someone who can be referred to as a citizen journalist. This is just one of the several scenarios in which civilian witnesses are – knowingly or unknowingly – helping to document evidence of human rights violations.

Citizen media encapsulates videos, pictures or audio produced by non-professional journalists, especially using their mobile phone as a tool. Citizen media started gaining prominence when an increasing number of civilians became equipped with smartphones and had access to social media.

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Kenyan High Court upholds human and constitutional rights to maternal dignity and reproductive healthcare

reprohealthlaw blog

Many thanks to Naitore Nyamu, an LL.M. student in the graduate program in Sexual and Reproductive Rights in Africa at the University of Pretoria’s Centre for Human Rights, for contributing a detailed abstract of this progressive Kenyan ruling for Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts,online edition.

J O O (also known as J M) v Attorney General & 6 others [2018] Petition No 5 of 2014, (High Court of Kenya at Bungoma), March 22, 2018.  Case summary by Naitore Nyamu.   Court decision.

The case summary by Naitore Nyamu explains how, on 5 August, 2013, a low-income pregnant woman sought healthcare for delayed labour and suffered neglect, privations and expenses from an ill-funded county hospital, and humiliating personal abuse from its nurses.  She later filed a constitutional petition alleging various violations of her rights as stipulated in the Constitution of Kenya 2010…

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The impact of Internet shutdowns in Africa

Author: Tomiwa Ilori
LLD Candidate, Centre for Human Rights, University of Pretoria

In the past, authoritarianism like any other form of illegitimacy has always been paranoid of disruptions. The internet, since its decentralisation in the last century, has blurred boundary lines, projected a classless society and looked to upset apple carts in political spaces. It is typical that this form of “magic” that could redefine state power rattled many governments. African governments soon began to show overt signs of paranoia and not too long, Africa became the first continent to experience an internet shutdown in Egypt on 28 January 2011. Since then, several governments in Africa have constantly violated digital rights with the justification of national security which supposes that both are mutually exclusive.

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Africa: (De)Criminalizing Adolescent Sex: Rights and Age of Consent Laws

reprohealthlaw blog

Congratulations to Godfrey Dalitso Kangaude, a doctoral candidate at the University of Pretoria, and Prof. Ann Skelton, Director of the Centre for Child Law at the same university, for publishing the following article in an open access journal.  We are pleased to circulate an expanded abstract below:

Godfrey Dalitso Kangaude and Ann Skelton, (De)Criminalizing Adolescent Sex: A Rights-Based Assessment of Age of Consent Laws in Eastern and Southern Africa,” SAGE Open (Oct-Dec 2018): 1 –12.   Article online.

Abstract:   Age of consent criminal laws imposed on African states during colonialism were inherently patriarchal and gender-stereotypic, and continue to influence country approaches toward adolescent consensual sexual conduct. There are two major policy positions: a punitive and a nonpunitive approach. Most countries adopt the punitive approach. Mostly, legislation does not explicitly criminalize consensual sexual conduct between adolescents, and this leaves a gray area to be filled in by social and…

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Bringing the African human rights system into classrooms: Some lessons drawn from a lecture delivered at the Université Libre des Pays des Grands Lacs (DR Congo)

Author: Dr Kihangi Bindu Kennedy
Professor of international law at the Université Libre des Pays des Grands Lacs

 

Author: Trésor Makunya
Doctoral candidate & Academic Associate, Centre for Human Rights, University of Pretoria

Ever since the establishment of the Organisation of African Unity (1963), and later, the African Union (2002), their efforts to maintain peace and stability, uphold the constitutional order and ensure the respect and the promotion of fundamental rights and freedoms in the Democratic Republic of Congo (DRC)[1] have yielded unsatisfactory outcomes. Although major reasons for such a debacle have been underscored or echoed by prominent scholarship,[2] bringing these debates into law classrooms when training ‘society-conscious lawyers’ is one of the ways to contribute to the ongoing debate over the relevance of the African Union (AU) to Africans.[3] In this article, we highlights some lessons learnt from the discussions that followed a lecture we delivered at the Université Libre des Pays des Grands Lacs (ULPGL-Goma) on Wednesday 16 January 2019 to undergraduate law students. The lecture provided theoretical knowledge, analytical and practical skills on the AU and its human rights system which tend to be overlooked, the focus usually placed on the United Nations (UN) and the European human rights systems.
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