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…
View original post 527 more words
Congratulations to Godfrey Dalitso Kangaude, LL.M., a doctoral candidate in Law at the University of Pretoria, and Dr. Chisale Mhango, former Director of Reproductive Health Services in Malawi’s Ministry of Health, for their recent publication in the International Journal of Gynecology and Obstetrics. We are pleased to circulate the abstract and links below:
Godfrey Dalitso Kangaude and Chisale Mhango, “The duty to make abortion law transparent: A Malawi case study,” International Journal of Gynecology and Obstetrics 143.3 (Dec. 2018): 409–413 PDF at Wiley online. Submitted text at SSRN.
Abstract: Despite adopting a progressive legal and policy framework informed by internationally recognized human rights norms and values, Malawi has not complied with the obligation to explain its abortion law in accordance with legal and human rights standards. In 1930, the colonial government adopted a Penal Code derived from English criminal law, containing provisions regulating access to abortion…
View original post 293 more words
SUBSCRIBE TO REPROHEALTHLAW: To receive these updates monthly by email, enter your address in upper right corner of this webpage, then check your email to confirm the subscription.
Democratic Republic of the Congo: Legal access to abortion expanded in July 2018, to comply with Article 14 of the (Maputo) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. “Women can now legally access abortion – in cases of sexual assault, rape or incest, or when the continuing pregnancy would endanger the mental and physical health of the woman or the life of the woman or the fetus.” Details from Safe Abortion.
El Salvador: Court frees another woman jailed under anti-abortion laws, BBC News (Dec. 18, 2018). BBC News article
[U.N. Human Rights Committee] General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights…
View original post 631 more words
Congratulations to Prof. Charles Ngwena of the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa, whose valuable article has recently been published in the Ethical and Legal Issues section of the International Journal of Gynecology and Obstetrics. We are pleased to circulate the following abstract:
“Reproductive Autonomy of Women and Girls under the Convention on the Rights of Persons with Disabilities,” by Prof. Charles Ngwena, International Journal of Gynecology and Obstetrics, 140.1 (Jan. 2018):128-133. PDF online for 12 months. Submitted text at SSRN
Women and girls with disabilities have historically been denied the freedom to make
their own choices in matters relating to their reproduction. In the healthcare sector
they experience multiple discriminatory practices. Women and girls with intellectual
disabilities are particularly vulnerable to coerced or forced medical interventions. The
present article considers the contribution the Convention on the Rights of Persons
View original post 104 more words
Conscientious Objection: African reflections on Colombian abortion decision T-388/09, by Charles G. NgwenaPosted: 1 November, 2017
Congratulations to Charles Ngwena of the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa, whose 2014 article in the Journal of African Law is now available online.
Women’s Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective.Journal of African Law, 58 (2014): 183-209 Article now online.
Abstract and Overview: If applied in isolation from the fundamental rights of women seeking abortion services, the right to conscientious objection can render any given rights to abortion illusory, including the rights to health, life, equality and dignity that are attendant to abortion. A transformative understanding of human rights requires that the right to conscientious objection to abortion be construed in a manner that is subject to the correlative duties which are imposed on the conscientious objector, as…
View original post 705 more words
Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), an LL.D. candidate at the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for summarizing this decision with Y. Kakhobwe in Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, published by Pretoria University Law Press (PULP) in 2017. 228-pages online Flyer with Table of Contents. New online edition with links to decisions and analyses.
Head of Department, Department of Education, Free State Province v. Welkom High School & another; Head of Department, Department of Education, Free State Province v. Harmony High School & another (CCT 103/12)  ZACC 25, 2013 (9) BCLR 989(CC); 2014 (2) SA 228 (CC) (10 July 2013) Constitutional Court of South Africa Decision online. Case summary by G. Kangaude and Y. Kakhobwe.
View original post 486 more words
Many thanks to Professor Ebenezer Durojaye of the Dullah Omar Institute for Constitutional Law, Governance and Human Rights at the University of the Western Cape, for abstracting this significant judgment for REPROHEALTHLAW subscribers. Prof. Durojaye can be reached at ebenezerdurojaye19 at gmail.com
Kenya Legal and Ethical Network on HIV & AIDS (KELIN) & 3 others v Cabinet Secretary Ministry of Health & 4 others  eKLR Petition 250 of 2015. (High Court at Nairobi) Decision online.
This case centres on a directive issued by Kenyan President Kenyatta requesting that the names of school-going HIV positive children, their guardians and HIV-positive pregnant women and their addresses be compiled for the purpose of assisting the government to respond and provide appropriate service and support to the children living with HIV/AIDS. The said information should include the number of children infected with HIV, number of guardians or caregivers infected with HIV, number…
View original post 451 more words