Nigerian schoolgirl kidnappings not just an act of terrorism
Posted: 19 May, 2014 Filed under: Karen Stefiszyn | Tags: #bringbackourgirls, African Charter on the Rights and Welfare of the Child, Bok Haram, criminal law, gender-based violence, kidnapping, militant, Nigeria, Northern Nigeria, patriarchal society, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, school girls, terrorism, UNICEF Leave a comment
Author: Karen Stefiszyn
Programme Manager: Gender Unit, Centre for Human Rights
The kidnapping by Boko Haram of over 200 school girls in Northern Nigeria is an act of gender based violence for which not only Boko Haram is responsible, but also the Nigerian government. Indeed the militant group has carried out atrocities against boys and men that are equally deplorable, however, in this instance it is not by chance that Boko Haram kidnapped girls. They were targeted because they are girls.
The leader of Boko Haram said in a video shortly after the kidnapping that he would sell the girls in the market. His statement is reflective of an exceptional disdain for girls, which did not exist in isolation, but within a patriarchal society where harmful stereotypes perpetuate girls’ inferiority and enable violence against women to be an accepted norm. Amnesty International has reported that up to two thirds of Nigerian women may have experienced violence in the home by an intimate partner. While domestic violence differs in nature from the kidnapping of over 200 school girls, the common thread is the context within which the acts occur; in a society which does not accord women equal value and provides the structural conditions whereby a girl or woman can be abused in the home or kidnapped and threatened to be sold in the market.
Regulating the sentencing of young offenders convicted of serious crimes: Case law from South Africa and the United States of America
Posted: 26 July, 2012 Filed under: Zita Hansungule | Tags: Centre for Child Law, children, Constitutional Court, criminal law, judgment, parole, sentencing, South Africa, Supreme Court of the United States, young offenders Leave a comment
Author: Zita Hansungule
Assistant Project Co-ordinator, Centre for Child Law, University of Pretoria
Is it constitutional to sentence young offenders according to laws providing for mandatory or minimum sentences? This was the central question raised and answered in two important judgments from the highest courts in South Africa and the United States of America.
On 25 June 2012, the Supreme Court of the United States ruled that the sentencing of youths convicted of murder to mandatory life terms (without the possibility of parole) was in violation of the Eighth Amendment to the United States Constitution. The court had before it two cases involving men who had been convicted of murder and sentenced to life imprisonment without the possibility of parole when they were both 14 years old. In both cases the courts sentencing them did not have the discretion in law to impose different punishments, as State law directed they “die in prison”.
AfricLaw 