Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg
Scope of the study: How the ‘right to health’ is intended in this work
South Africa (SA) is one of the largest economies in Africa. Since December 2010 the country is a member of the informal association of five major emerging world economies (BRICS) and the only African country to be a member of the G20, the major international forum for economic cooperation and policymaking.
At the end of 2016, SA was reported to be hosting 91,043 refugees.
Although SA has ratified a good number of human rights legal instruments since the end of apartheid, in 1994, , the actual implementation of the rights enshrined in some of them still remain problematic. One such right is the right of refugees to have access to adequate healthcare in the country.
This situation occurs also because access healthcare services in SA, as with many other fundamental rights in the republic, has historically been biased in terms of a number of arbitrary grounds (p. 55).
The Marriage Bill (now Act) 2014 has elicited different reactions from Kenyans. Some mostly women, have argued that the law will allow men to engage in polygamous marriages. Some have hailed the law as consolidating the different types of marriages into one piece of legislation. However, the people with intellectual and psychosocial disabilities have completely been left out of this debate. The law clearly discriminates and expressly denies people with mental disorders from exercising their right to marry. Section 11(2)(b) of the Marriage Act 2014 provides:-
Consent is not freely given where the party who purports to give it is suffering from any mental disorder or mental disability whether permanent or temporary…
The Act further provides in section 73 that if one suffers from ‘recurrent bouts of insanity’ then the partner is allowed to have the marriage annulled. This essay seeks to argue that the Marriage Act 2014 not only violates Kenya’s obligation under international law but also violates the Constitution of Kenya 2010 Article 27(4), which proscribes discrimination based on disability.
Realising the right to health for children with HIV/AIDS in Botswana: Policy based approach v rights based approachPosted: 13 August, 2013
Botswana faces significant challenges on the HIV/AIDS epidemic. According to the third Botswana AIDS Impact Survey (BAIS III) which took place in 2008, 17.6% of Batswana were living with HIV/AIDS. The survey revealed that about 18 000 children below the age of 19 were HIV positive.
Strong political commitment at national level has however resulted in impressive scale up in HIV treatment for children under the Prevention of Mother-to-child Transmission programme. Children are currently treated in about 33 centres issuing antiretroviral drugs. However, Baylor Children’s Clinical Centre of Excellence provides a more in-depth pediatric content. There are also community-based non-governmental organisations (NGOs) such as Child Line, Mpule Kwelagobe Centre, SOS Children’s Home and Paolo Zanichelli Children’s Centre that are currently providing specialised services to vulnerable children. It is however important to point out that, in Botswana, the needs of HIV/AIDS affected children are not provided for in a comprehensive National legal framework. Care and treatment for children with HIV is currently addressed in overall HIV policy guidelines.
The Ethiopian government often associates its developmental ideology with the East Asian model, while at the same time defining itself as a progressive democratic government. Paradoxically, the government defends itself from prodemocracy critics by arguing that food security comes first, then slowly comes democracy. Within this context, I analyse the right to food as a legal concept and how it can be used as a means to achieve food security in Ethiopia.
Ethiopia has ratified and adopted the main instruments establishing the right to food such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Covenant on the Rights of the Child; the Convention on the Elimination of All forms of Discrimination Against Women; and the African Charter on Peoples’ Rights. Ethiopia is also bound by international humanitarian law, having ratified the Geneva Convention of 1999 and the Additional Protocols thereto of 1977.