Climate change and internal displacement
Posted: 14 July, 2022 Filed under: Bernice Asante, Meron Eshetu Birhanu, Zanele Christine Fengu | Tags: climate change, climate policies, climate refugees, climate-related displacement, conflict, gender-based violence, global justice, human trafficking, IDPs, internal displacement, Kampala Convention, medical services, mental health, vulnerable communities Leave a comment
Authors: Zanele Christine Fengu, Meron Eshetu Birhanu and Bernice Asante
“Internal Displacement and climate change are both highly complex phenomena. In the public debate we often hear about ‘climate-related displacement’ or even ‘climate refugees’, and very often this is done with a note of alert”.
The Global Classroom on Human Rights recently held its annual meeting, which was hosted by the Centre for Human Rights, University of Pretoria with Internal Displacement as its theme. The programme featured enlightening presentations from members across the world who reflected on legal and non-legal approaches to the matter. A key message which came from the engagement was the need to adopt a climate justice approach to climate change and how our legal frameworks could embody this principle.
The place of liberal feminism in the struggle for gender equality in Kenya.
Posted: 8 July, 2022 Filed under: Davis Thuranira | Tags: affirmative actions, Bill of Rights, equal participation, feminism, gender discrimination, gender equality, gender inequality, Gender Representation in the National Assembly and the Senate, gender rule, good governance, human rights, Kenya, legal framework, liberal feminism, non-discrimination, patriarchy, Rono v Rono, toxic masculinity, transformative jurisprudence Leave a comment
Author: Davis Thuranira
Student, Kenyatta University, Kenya
Major Premise
The framers of the constitution[1] provided adequate mechanisms to counter gender discrimination and foster equality among all sexes and gender in the country. As a matter of fact, several legal provisions incline to an ideology of equality that seeks to overhaul the existing societal structure which anchors discrimination and unequal treatment of women.
Equality, non-discrimination, inclusiveness and protection of the marginalized are among the key principles featured under Article 10[2]. The provision universally applies to all persons and demands compliance by the state, including its organs, while exercising its constitutional mandate. The state is required to invoke its authority by giving effect to the two-third gender rule. Additionally, these principles and others that support gender equality are emphasized in the constitution since such are the basis for any democratic society that the constitution envisions. The applicability of these principles is mandatory, and the courts have on several occasions emphasized that the principles are not aspirational as argued by critics but realistic, practicable and binding on everyone. In the case of Rono v Rono[3], the Court of Appeal authoritatively asserted that the Constitution shields women from customary succession laws that bar women from inheriting property. The Court held that both male and female children are treated equally before the law and that discriminatory rules are invalid and unconstitutional to the extent that it treats women as inferiors to men. Read the rest of this entry »
Juridical Implication of Article 12 of the Convention on the Rights of Persons with Psychosocial Disability in the Health Sector of Ethiopia
Posted: 3 June, 2022 Filed under: Hawi Asfaw | Tags: Article 12, Convention on the Right of Persons with Disability, CRPD, Ethiopia, Ethiopian Civil Code, guardian, health sector, insane person, involuntary admission, judicial review, judicially interdicted, legal capacity, legal incapacity, mental health, mental health legislation, non-consensual treatment, notoriously insane, psychosocial disability Leave a comment
Author: Hawi Asfaw
Associate Human Rights Officer, Ethiopian Human Rights Commission
Recognition of legal capacity is inseparably linked with the enjoyment of rights in the health sector since it is a prerequisite for a person to fully control his or her health and to make a free and informed decision concerning sexual, reproductive, and mental health. Article 12 of the Convention on the Right of Persons with Disability (CRPD) to which Ethiopia is a party, provides that states should recognize the legal capacity of persons with disability and provide them with access to support in the exercise of their legal capacity which in no way amount to substitute decision making. Additionally, article 25(d) of the CRPD states that the right to health includes the right to health care on the bases of free and informed consent which presupposes the recognition and protection of legal capacity by the state for its enforcement. Read the rest of this entry »
Contextualising and Advocating for Sexual Minority Rights within Kenya’s Transformative Constitution
Posted: 27 May, 2022 Filed under: Laureen Mukami Nyamu | Tags: Bill of Rights, dignity, discrimination, equal protection, Gay and Lesbians Human Rights Council, human rights, Kenya, sexual minorities, sexual minority rights, torture, violence 4 Comments
Author: Laureen Mukami Nyamu
Student, Kabarak University School of Law in Nakuru, Kenya
Human rights are inherent to all human beings regardless of race, ethnicity, nationality, religion or other status [1] moreover they are universal but the universality of human rights is not enjoyed by sexual minorities due to discrimination. This discrimination stems from religious, socio- cultural, institutional and discriminatory laws and policies. These factors hamper the full enjoyment of human rights by sexual minorities.
The Constitution of Kenya 2010 is transformative in the realm of human rights by recognising the bill of rights as an integral part of Kenya’s democracy, social, economic and cultural policies and by having an elaborate Bill of Rights that remedies the subversion of human rights which was a characteristic of the repealed constitution. [2] This article will contextualise and show advocacy of sexual minority rights within the constitutional framework and provide a way forward as regards sexual minority rights. Read the rest of this entry »
Inclusive national dialogue and accountability for rights violations can heal Ethiopia from a culture of impunity
Posted: 16 May, 2022 Filed under: Dunia Mekonnen Tegegn | Tags: (CEDAW), abduction, accountability, anxiety, conflict, Convention on the Elimination of Discrimination against Women, crimes against humanity, Criminal Code, depression, Ethiopia, Ethiopia’s National Defense Force, gang rape, gender-based violence, impunity, International Criminal law, mental health problems, sexual violence, sexually transmitted diseases, Tigray People Liberation Front, transitional periods, unwanted pregnancy 2 Comments
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
On 3 November 2020, conflict broke out between the Tigray People Liberation Front and Ethiopia’s National Defense Forces when the Tigray People Liberation Front assaulted the Northern command. Due to the conflict in Ethiopia, women and girls continue to bear the brunt of the cruel and inhuman acts committed by all parties involved in the conflict for the last 17 months. Many have lost their lives, suffered sexual violence, been displaced, and starved. Young girls, women living with disability, older women, and refugee women have been the target of brutal sexual violence. These crimes are horrific in nature as they represent the level of vengeance and humiliation pursued by actors to the conflict. Reports have highlighted the extent of these violations and implicated all sides to the conflict in war crimes and crimes against humanity. Read the rest of this entry »
Making sense of Africa’s massive abstentions during the adoption of the UNGA resolution on the Aggression Against Ukraine
Posted: 21 April, 2022 Filed under: Sâ Benjamin Traoré | Tags: abstaining states, African abstentions, double standards, French military presence, global war against terrorism, independent African states, international concerns, international humiliation, international law, international relations, Palestinian struggle, Ukrainian crisis, UNGA resolution, UNGA resolution on the Aggression Against Ukraine, Western hypocrisy Leave a comment
Author: Sâ Benjamin Traoré
Assistant Professor of Law at the Faculty of Governance, Economics and Social Sciences of the Mohammed VI Polytechnic University, Rabat (Morocco).
Introduction
The ongoing Ukrainian crisis has shown profound divisions among African countries. The UN General Assembly’s voting on 2 March perfectly captures such a division. Resolution A/RES/ES-11/1, titled “Aggression against Ukraine”, was adopted by a vote of 141 in favour and 5 against, with 35 abstentions. Of these 35 abstentions, 17 were African states including Algeria, Angola, Central African Republic, Congo, Equatorial, Mali, South Africa, Tanzania, and Zimbabwe. This figure represents almost half of the abstaining states. Eight African countries did not even submit their votes (including Burkina Faso, Cameroon, Ethiopia, Morocco, and Togo) and Eritrea voted against the resolution. All in all, almost half of the African states did not vote in favour of the United Nations General Assembly (UNGA) resolution. The split between African states in the voting also reflects the divide in public opinion about the Ukrainian crisis across African countries. While the West has shown unfailing support for Ukraine, Africa and the rest of the world have adopted a more ambivalent position. The significant number of African abstentions has raised international concerns, especially in the West. This voting attitude of African states abstaining remained almost the same during the adoption of the UNGA resolution on humanitarian assistance to Ukraine on 24 March. South Africa had proposed a rival resolution that was not eventually discussed by the UNGA. On 7 April, more African countries abstained and many other voted against the resolution suspending Russia from the Human Rights Council. It is also well-known now that African countries have not adopted sanctions against Russia despite the avalanche of sanctions adopted by western countries.
Sexual harassment in higher education institutions: the law and the practice
Posted: 5 April, 2022 Filed under: Kebkab Sirgew Gelaw | Tags: Civil Rights Act of 1964, higher education institutions, male domination, sex discrimination, sexual harassment, sexual harassment laws, sexually aggressive, sexually passive, tradition, Universal Declaration of Human Rights (UDHR), unwanted sexual advances Leave a comment
Author: Kebkab Sirgew Gelaw
International Human Rights Lawyer
Sexual harassment has been a fact of life ever since humans inhabited the earth.[1] Despite its existence, it has been ignored and the tradition has made women keep quite concerning the act as if nothing went wrong. It is hard to unthink what you know, but there was a time when the facts that amount to sexual harassment did not amount to sexual harassment, the facts amounting to the harm did not socially “exist,” had no shape, no cognitive coherence; far less did they state a legal claim.[2]
Sexual harassment is a manifestation of the male domination and has clearly indicated that the domination extended socially, economically, and politically. Women were socially expected to be passive about many activities, which the society believed to be challenging, and those challenges were passed on to men to be handled.
War, global health and human rights: drawing inspiration from the Russia-Ukraine crisis
Posted: 22 March, 2022 Filed under: Abasiodiong Ubong Udoakpan | Tags: access to health, clean water, displacement, emergency interventions, food, health care, health infrastructure, human rights, mental health, physical health, psychological well-being, regional conflict, Russia-Ukraine conflict, Russian invasion, sanitation, threat to life, United Nations, war 1 Comment
Author: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
Introduction
The first principle of health is life and war is a direct threat to life. For millions of people worldwide, avoiding and not only surviving war is the predominant objective in their daily existence. Sadly, the situation in Eastern Europe creates a global crisis for public health, therefore, ending the war would be a major step towards the promotion of the health and well-being of persons in this region. The challenge presented by this ongoing regional conflict also marks a crucial opportunity to prioritize human rights and public health concerns in ongoing foreign policy and diplomatic efforts by concerned nation-states. Ergo, this article seeks to explore the human rights threats that are associated with the Russia-Ukraine conflict especially as it relates to public health.
Questions at the Interface Between Automated Decision Making, Administrative Law and Socio‑Economic Rights: The Example of Access to Affordable Housing in Kenya
Posted: 18 March, 2022 Filed under: Alexander Beyleveld | Tags: Access to Affordable Housing, ADM, ADM technologies, administrative law, Affordable Homes Program, automated decision-making, automated processing, constitutional law, CRD System, data protection legislation, freedom from discrimination, fundamental rights, Kenya Data Protection Act, policy framework, right to equality 1 Comment
Author: Alexander Beyleveld
Senior Researcher at the Mandela Institute, University of the Witwatersrand
A number of African governments have begun to integrate automated decision-making (ADM) into processes that give effect to fundamental rights, which has given rise to a number of interesting questions about the manner in which different areas of law interact in ADM contexts. ADM has thus far been most directly regulated by data protection legislation, such as the Kenya Data Protection Act (KDPA). Automated decisions, however, also implicate administrative law, and constitutionally enshrined rights related to administrative action. An additional layer of complexity is added in situations where automated decisions form part of the process governments have elected to use to give effect to fundamental rights, especially when a number of different rights are implicated. Understanding the interface between ADM, data protection laws, administrative law and constitutional law, then, will only continue to grow in importance in assessing the extent to which governments are giving effect to certain fundamental rights – as well as for assessing the extent to which governments and individuals are actually reaping the potential benefits of ADM technologies in the first place.
Marital rape as a human rights violation of women in Ethiopia: a case study of Alumni association of the faculty of law of Addis Ababa University and Ethiopian Women Lawyers Association (EWLA)
Posted: 15 March, 2022 Filed under: Kebkab Sirgew Gelaw | Tags: domestic violence, Ethiopia, Ethiopian Women Lawyers Association, EWLA, fundamental rights, government, legal standing, legal system, marital rape, marriage, psychological effects, rape, rejection, sexual distress Leave a commentAuthor: Kebkab Sirgew Gelaw
International Human Rights Lawyer
The concept of rape of a woman by her husband in marriage was not a transgression at all because a man was allowed to treat ‘his chattel as he deemed appropriate’; thus, women who were forced to have sex in their marriage did not even have the option of seeking criminal prosecution.[1] The first marital rape case to reach the US court system took place in 1978 in New Jersey, when Daniel Morrison was found guilty of raping his estranged wife. Six months later, in Oregon, John Rideout became the first husband charged with rape while living with his wife.[2] Rideout was acquitted and brought attention to the concept that rape can exist within the context of marriage.
Many states in the US including Minnesota at that time defended forced sexual intercourse committed by a man against a woman and not his wife; though there have been subsequent prosecutions of marital rape, but in general, the cases were charged to win, primary because the question of consent is clouded by societal beliefs about marriage.[3]
AfricLaw 