ICTs and Access to judicial remedies during the COVID-19 era
Posted: 6 July, 2023 Filed under: Namatirayi Ngwasha | Tags: African countries, CaseLines, COVID-19, e-filing systems, Electronic Case Management System, ICT functions, ICT technologies, IECMS, lack of consistency, legislation, lockdown measures, National Judicial Council Guidelines, teleconferencing, videoconferencing Leave a comment
Author: Namatirayi Ngwasha
Lawyer
COVID-19 and access to the courts
The increase in the number of COVID-19 cases in 2020 forced many countries in Africa to resort to the adoption of lockdown measures. Operational changes that were made included amending court rules and operating procedures. Technological methods used include video conferencing and live broadcast to ensure public access to hearings. In some instances, the number of staff coming to work was cut or staff had to work on rotational bases at the courts to enable social distancing. As a result, some of the cases fell off the court system and there was lack of consistency of handling cases due to the rotation of court staff.
The paper seeks to investigate how access to the courts was affected by the COVID-19 pandemic and how the different courts adapted.
Right to housing as an aspect of the demand for social justice*
Posted: 31 August, 2022 Filed under: Bahar Bayhan | Tags: Access to housing, COVID-19, financial burdens, fundamental human right, Housing Development Administration, Problem of Housing, Republic of Turkey, Right to Adequate Housing, right to housing, social justice, Sulukule Urban Renewal Project, Universal Declaration of Human Rights, urban transformation Leave a comment
Author: Bahar Bayhan
Urban Policies Programme Coordinator
*This article was originally published in Turkish on IHO Blog. Translated by Virtus Çeviri
The right to housing is a fundamental human right emphasised in both the Constitution of the Republic of Turkey and the Universal Declaration of Human Rights.[1] Although it does not include details on how this right will be exercised, how fair access to it will be ensured and how it will be secured, Article 57 of the Turkish Constitution reads: “The State shall take measures to meet the need for housing within the framework of a plan that takes into account the characteristics of cities and environmental conditions, and also support community housing projects.” The United Nations Special Rapporteur on the Right to Adequate Housing expands the definition of the right to housing as “the right to housing adequate for habitation” and defines the necessary conditions of housing for a sustainable and dignified life. Before discussing the above-mentioned conditions and how they relate to social justice, it is worth tackling the meaning the word “housing” assumes today.
2021 local government elections, voter education and COVID-19 in South Africa
Posted: 28 October, 2021 Filed under: Paul Mudau | Tags: civic and voter education, civic responsibilities, COVID-19, CVE, democratic electoral processes, elections, fair elections, freedom of expression and of association, government performance, IEC, Independent Electoral Commission, local communities, local government, online platforms, participation, peace-building, service delivery, social media, South Africa, spoilt ballots, traditional media, voter education, voter participation, voter registration, voter turnout Leave a comment
Author: Paul Mudau
Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa
Local government is the sphere of government that is closest to the people and represents the front line of service delivery. Holding competitive, periodic, inclusive and definitive elections at the local level strengthens democracy. The competitive component of local democratic elections indicates that political party and ward candidates may criticise the party or coalition that governs the municipality, and other party and ward candidates openly. They may suggest alternative policies and candidates to voters. Decisions of locally elected representatives directly affects the local communities. Failure to satisfy voters may result in the governing local public representatives being voted out of office in the next (periodic) elections. On the other hand, good performance often comes with a reward, getting re-elected into office. Thus, ideally, conditions at the local level forces and entices locally elected public officials to accounts to the needs of local communities.
Is Covid-19 bringing out the inequalities in the delivery of health services in Mauritius?
Posted: 11 October, 2021 Filed under: Ashwanee Budoo | Tags: African Charter on Human and Peoples’ Rights, complicated surgeries, COVID-19, government of Mauritius, health care services, international obligations, lockdown restrictions, Mauritius, Mauritius’ Constitution, medical treatment, Naveen Ramgoolam, New ENT Hospital, public health, right to health, Social and Cultural Rights, universal access, universal social programs 1 Comment
Author: Ashwanee Budoo-Scholtz
Programme Manager of the Master’s in Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria
Introduction
When Mauritius recorded its first Covid-19 case on 18 March 2020, the country already had the strong backbone of the ‘solid social protection system’ to ensure that affected sections of the society are supported. In the area of health, in 2011, it was estimated that Mauritius had 3.4 hospital beds per 1000 population which was better than most sub-Saharan African countries. Hence, one could assume that the government of Mauritius would not face the failure of countries such as South Africa when it came to the provision of health care services for those affected by Covid-19.
As of 1 October 2021, Mauritius had a total of 15,695 confirmed Covid-19 cases, with 84 deaths. This was after the country relaxed its lockdown restrictions at the national level. The government has time and again spoken with pride of it being a best practice when it comes to preparedness for dealing with the Covid-19 virus. Indeed, once the country was hit by its first case of COVID-19, it started taking all measures possible to make sure it deals with the provision of health care services. To begin with, in the initial stages, it identified the New Souillac hospital and the New Ear Nose and Throat Hospital (New ENT Hospital) as a quarantine and isolation centre for those showing moderate to severe symptoms of Covid-19. For those with mild symptoms, they were isolated in make-shift treatment centres free of charge with regular follow-up. As the pandemic evolved, the country designated the New ENT Hospital, ‘equipped with the latest modern equipment and technology’ as the facility for treating Covid-19. Hence, anyone testing positive for Covid-19 with symptoms would be transferred to the New ENT Hospital. The country has also fully vaccinated more than half of the population.
The South African local government elections and the COVID-19 pandemic
Posted: 20 September, 2021 Filed under: Tariro Sekeramayi | Tags: 2021, African Charter, African Court, Constitution of South Africa, COVID-19, democracy, Dikgang Moseneke, elections, electoral process, fairness, free and fair election, IEC, Independent Electoral Commission, Moseneke Report, municipal elections, pandemic, registration, South Africa, South African Local Government Elections, transparency, voting 2 Comments
Author: Tariro Sekeramayi
Centre for Human Rights, University of Pretoria
South Africa’s local government elections, to elect the municipal tier of government, are constitutionally mandated through section 159 of the Constitution of South Africa to take place every five years. These elections were scheduled to take place towards the end of 2021 and have been the subject of great deliberation in the nation. Conducting elections during a pandemic has been the subject of much debate on the continent and worldwide, with certain countries choosing to continue with elections amid the pandemic and others choosing to postpone their elections amid concerns of the risks involved. Nations on the continent that have held elections during the pandemic include Zambia, Malawi, Ghana, Rwanda, Uganda and Côte d’Ivoire. Given the extent of the risks of holding elections during the pandemic and mixed calls on whether to postpone or continue with elections in the nation, the Independent Electoral Commission (IEC) of South Africa ordered an inquiry commission to determine the nation’s capacity to hold free, fair elections during the initially scheduled period in October.
African countries need to ensure that the health of refugees is protected during the COVID-19 pandemic
Posted: 21 June, 2021 Filed under: Omotunde Enigbokan | Tags: accessing healthcare, Africa, African Commission, coronavirus, COVID-19, gender-based violence, government, health care, health services, human rights, pandemic, refugees, status, UN, UNHCR, vaccination, women, World Health Organisation, World Refugee Day Leave a comment
Author: Omotunde Enigbokan
Centre for Human Rights, University of Pretoria
The protection of the right to health for refugees in Africa requires urgent attention, especially in this period when evidence shows that new variants of the coronavirus are spreading. As we celebrate World Refugee Day on 20 June 2021, and against the backdrop of the UNHCR’s theme ‘Together we heal, learn and shine’, it is pertinent that we interrogate how African countries are ensuring that the right to health for refugees, is guaranteed. This is particularly important with the development of COVID-19 vaccines worldwide, and in the onset of the administration of these vaccines in Africa.
Challenges faced by refugees in Africa
Existing research underlines the need for heightening refugees’ access to health facilities. Research further shows that refugees have been particularly hard hit by the COVID-19 pandemic in Africa. This situation is further compounded by the fact that many refugees live in overpopulated camps or reception centres, where they lack adequate access to health services, clean water and sanitation. This makes them more vulnerable to contracting COVID-19.
The Cost of Separating Powers
Posted: 1 June, 2021 Filed under: Chris Himsworth, Linda Ajemba | Tags: COVID-19, discrimination i, government, health inequalities, human rights protection, lack of access to employment, mental conditions, mental health needs, psychosocial disability, SDGs, social environment, South Africa, Sustainable Development Goals Leave a comment
Author: Chris Himsworth
University of Edinburgh, United Kingdom
It was reported on 28 April 2021 that authorities in Lesotho could not appoint a new High Court judge because of a lack of funds. While this might have come as a shock to most people, this will not have surprised the authors of the Report on the Independence of the Judiciary in the Kingdom of Lesotho, published only a month earlier in March. Chaired by Justice Zak Yacoob, former South African Constitutional Court Judge, a Working Group of the Southern African Development Community (SADC) Lawyers’ Association had aired a trenchant critique of the current condition of judicial independence in Lesotho.
Using evidence in the time of COVID-19 to reduce health inequalities for Persons with Psychosocial Disability in South Africa
Posted: 27 April, 2021 Filed under: Linda Ajemba | Tags: COVID-19, discrimination i, government, health inequalities, human rights protection, lack of access to employment, mental conditions, mental health needs, psychosocial disability, SDGs, social environment, South Africa, Sustainable Development Goals 1 Comment
Author: Linda Ajemba
LLD candidate, Centre for Human Rights, Faculty of Law, University of Pretoria
The ongoing coronavirus (COVID-19) pandemic has had an unparalleled impact on all spheres of life globally. As with other disasters, evidence shows that while the impact of the COVID-19 pandemic threatens all members of the society, it disproportionately affects persons with psychosocial disabilities. Persons with psychosocial disability refers to individuals suffering from a spectrum of mental conditions that influence their feelings, perceptions and behaviors. A psychosocial disability arises when someone with a mental health condition interacts with a social environment that presents barriers to their equality with others. Persons with psychosocial disabilities are greatly impacted by diverse response measures employed by governments across the globe to curb the pandemic.
Seventeen years of the Pan-African Parliament: taking stock and reimagining its future
Posted: 26 March, 2021 Filed under: Bonolo Makgale, Tariro Sekeramayi | Tags: 17 years, COVID-19, economic integration, human rights violations, lack of creativity, Pan-African Parliament, persons with albinism, recommendations, resolutions, use of force, volatile situations Leave a comment
Authors: Bonolo Makgale and Tariro Sekeramayi
Introduction
Dr. John Henrik Clarke once remarked, “History is not everything, but it is a starting point. History is a clock that people use to tell their political and cultural time of day. It is a compass they use to find themselves on the map of human geography. It tells them where they are, but more importantly, what they must be.”
The 18th of March 2021 marked the commemoration of the Pan-African Parliament’s (PAP) 17th year anniversary. The Midrand, South Africa based Parliament was established by the Abuja Treaty as one of the organs of the African Union (AU). At the time of its establishment, the PAP was earmarked as an organ of the AU that will provide a platform for increased public participation and for the Africans to participate in decision-making processes that affect the continent. The Parliament consists of representatives nominated by local legislatures and currently represents all of AU member states, with the exception of Eritrea. The PAP aims to foster development and economic integration on the continent, espousing the principle of “batho pele”, a Southern African political principle that translates to ‘people first’. The core of the PAP’s mandate is to promote citizen engagement and representation as democratic ideals. As we mark this incredible milestone, we take stock of how far the PAP has come and what its prospects are for improvement as we advance.
Adolescent girls and young women have a right to know: Accessing information on sexual and reproductive health and rights in the wake of COVID-19
Posted: 22 October, 2020 Filed under: Kerigo Odada | Tags: accessing information, adolescent girls, COVID-19, experience, exploitation, human rights abuses, information, pandemic, sexual and reproductive health and rights, sexual violence, skills, SRHR, unintended pregnancies, unsafe abortions 2 Comments
Author: Kerigo Odada
Human Rights Lawyer; LLM (Sexual & Reproductive Rights in Africa) student, Centre for Human Rights, University of Pretoria
For many adolescent girls and young women around the world, adolescence marks not only the commencement of puberty, but also a time where statistically, the risk of facing human rights abuses such as sexual violence, exploitation, and other adverse outcomes of sex increases. However, despite this high predisposition to abuse, adolescent girls and young women still face multiple barriers in accessing information on sexual and reproductive health and rights (SRHR). Discriminatory cultural values, laws, and policies that are driven by the stigma attached to sexuality have made it challenging for members of this social group to enjoy full access to much needed SRHR information.
As of April 2020, about 1.725 billion students worldwide were forced out of learning institutions due to COVID-19. Although the closure of schools and other lockdown measures were strategic in controlling the spread of COVID-19, this situation unfortunately meant that many adolescent girls and young women were now confined in homes where they were, and still are, at a heightened risk of prolonged sexual abuse, exploitation and negative outcomes of sex.
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