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…
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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…
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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
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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…
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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.
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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…
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Many thanks to to Onyema Afulukwe-Eruchalu for writing this useful new article in the Ethical and Legal Issues section of the International Journal of Gynecology and Obstetrics. She currently serves as Senior Legal Adviser for Africa at the Center for Reproductive Rights.
Afulukwe-Eruchalu, O. (2017), Accountability for maternal healthcare services in Nigeria. International Journal of Gynecology and Obstetrics137.2 (May 2017); 137: 220–226. DOI:10.1002/ijgo.12108 PDF online for 12 months. Submitted text online.
High maternal mortality ratios (MMRs) serve as objective indicators of the poor condition of women’s health in any country and point to violations of human rights that are entrenched in national, regional, and global laws. For more than a decade, Nigeria has consistently been one of the top five listed countries with the highest MMRs in the world; in 2015, its MMR was estimated at 814 deaths per 100 000 live births, accounting for 19% of…
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Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), now an LL.D. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing and/or editing summaries of 54 recent African court decisions for Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, published in 2017 by Pretoria University Law Press (PULP). All three volumes in the series are freely available in print or electronic form.
Two of the court decisions summarized in Legal Grounds III clearly upheld the rights of HIV-positive persons against discrimination, including unjust dismissal, and exclusion from certain job opportunities.
Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. , Case No. JS178/09, a Labour Court of South Africa upheld the rights to equality and non-discrimination of HIV-positive persons in the workplace. The Court ruled that a horse-riding instructor’s dismissal from employment for HIV-positivity was…
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AFRICA: Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts – 54 case summariesPosted: 15 February, 2017
by: Godfrey Kangaude, Onyema Afulukwe, Guy-Fleury Ntwari, et al.
Foreword by Prof. Charles G. Ngwena
PULP (Pretoria University Law Press) 2017
228 page book online. Previous volumes.
Printable flyer with Table of Contents
Reproductive and sexual rights, which are guaranteed in constitutions and in international and regional human rights treaties, have no impact if they are not recognized and enforced by national-level courts. Legal Grounds: Sexual and Reproductive Rights in Sub-Saharan African Courts Volume III continues to provide much-needed information about whether and how national courts of African countries apply constitutional and human rights to protect reproductive and sexual rights. The case summaries, significance sections, and thematic highlights serve as useful resources for those seeking to further develop litigation, advocacy, and capacity- building strategies.
Like its predecessors, Legal Grounds: Reproductive and Sexual Rights in Sub-Saharan African Courts – Volume III is a tool for organizations, individuals, and institutions…
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Congratulations to Ronaldah Lerato Karabo Ozah and the Centre for Child Law at the University of Pretoria, a law clinic which was accepted and thanked as amicus curiae in this recent decision:
AB and Surrogacy Advisory Group v. the Minister of Social Development (Centre for Child Law as Amicus Curiae) CCT 155/15, decided November 29, 2016 (Constitutional Court of South Africa) Decision online.
On 29 November 2016, the South African Constitutional Court found that the “genetic-link requirement” for surrogate motherhood agreements is constitutionally valid and does not unjustifiably limit the rights of persons who cannot contribute their own gametes for surrogate motherhood agreements. The decision follows the challenge by the Applicants to section 294 of the Children’s Act (38 of 2005) which requires that the gametes of at least one of the commissioning parents must be used for the conception of a child to be born from a surrogate…
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