Posted: 9 January, 2025 | Author: AfricLaw | Filed under: Mary Izobo | Tags: accountability, African Union, African Union Transitional Justice Policy, capacity-building workshop, Centre for the Study of Violence and Reconciliation, contested elections, CSVR, cultural heritage, fragile governance, governance challenges, healing, holistic policy framework, justice, Kingdom in the Sky, mental health, military coups, political crises, political instability, psychosocial support, reconciliation, stability, under-resourced |
Author: Mary Izobo
Advocacy Manager, Centre for the Study of Violence and Reconciliation
Introduction
Lesotho, a small mountainous nation nestled in the heart of Southern Africa, stands at a pivotal moment as it charts its path toward stability and justice. Often described as the “Kingdom in the Sky” because of its breathtaking highland terrain, Lesotho’s journey is defined by its rich cultural heritage and the challenges of political instability.
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Posted: 23 September, 2024 | Author: AfricLaw | Filed under: Pawi Fortune | Tags: abortion, abuse, Africa, Dadaab, defilement, displaced persons, Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others, forced prostitution, foreign domination, gang rape, health care services, healthcare services, Kakuma, Kenya, maternal deaths, mental health, Ministry of Health Guidelines on the Management of Sexual Violence in Kenya, physical trauma, rape, refugees, safe abortion services, Sexual Offences Act, sexual violence, state of unrest, unintended pregnancies, unsafe abortions, unwanted pregnancy |
Author: Pawi Fortune
Kabarak University Law School
The number of refugees in Africa has been on the rise[1] with many people being morphed into refugee status by various reasons such as a state of unrest, foreign domination and internal/external aggression.[2] In pursuit of safer grounds, ‘aspirant refugees’ flee to other countries hoping for better conditions than that from which they fled. However, even in countries of asylum, displaced persons face a precarious existence devoid of guaranteed safety or survival. Dadaab and Kakuma, critical refugee sanctuaries in Kenya, shelter a diverse population of refugees fleeing instability in countries such as Somalia, the Democratic Republic of the Congo and South Sudan.[3] Nonetheless, mistakenly believing this new land to be a haven, refugees are subjected to unimaginable sexual violence, a cruel irony that erodes their dignity and sense of self to a degree that renders their prior persecution almost preferable. This paper aims serve as a lamentation, a call for help reflecting the pain of survivors of sexual violence in refugee camps who have succumbed to the dangerous consequences of unsafe abortions or lack of it due to inaccessibility of the appropriate health care services.
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Posted: 4 September, 2024 | Author: AfricLaw | Filed under: Hlengiwe Dube | Tags: African context, challenges, compatible matches, cyberstalking, digital harassment, digital revolution, digital romance, digital technology, discrimination, identity theft, mental health, non-consensual sharing of personal information, online dating platforms, personal data, Privacy Concerns, romance, safety, smartphones, social boundaries, social media, social media networks, targeted harassment, unwanted attention, women’s rights |
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
Introduction
In the age of digital technology, where smartphones and social media have revolutionised communication across the globe, the landscape of romance has experienced profound shifts, especially within the African context. The rise of online dating platforms and social media networks has introduced unprecedented opportunities for connection, allowing individuals to meet potential partners beyond traditional geographical and social boundaries. However, this digital revolution also brings to light a series of challenges, particularly in terms of women’s rights and safety. In many societies, gender dynamics often intersect with technology use, and consequently, women face specific issues related to privacy breaches, non-consensual sharing of personal information, and digital harassment. The potential for exploitation in online spaces further exacerbate concerns about consent and equality. This article explores the negative repercussions of digital romance on women’s rights, critically examining how these new technological avenues can both empower and endanger women, thereby highlighting the urgent need for digital literacy, robust legal frameworks, and gender sensitive interventions to ensure a safer and more equitable online environment.
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Posted: 29 April, 2024 | Author: AfricLaw | Filed under: William Aseka | Tags: depression, evil spiritual forces, Father John Pesa, Kenya, mental disability, mental health, national disaster, Pastor Paul Mackenzie, prayer camps, Private Pentecostal churches, Prophet Owour, pyschosocial disabilities, religious retreats, Shakahola Massacre, violation of the rights, witchcraft |
Author: William Aseka
Human Rights Lawyer
In Kenya, popular beliefs associate mental disability with paranormal phenomena or spiritual manifestations. Prayer camps set up by pastors offer care to mentally disabled people and their families. In these camps, as it will be discussed in detail in this article the “care” provided is not appropriate in terms of the standards and protocols of mental health services. According to a World Health Organisation report, in 2017, Kenya was ranked fifth among African countries with elevated cases of depression. The study found that at least two million people suffer from depression. In addition, Kenya has one general hospital (Mathari National Teaching and Referral Hospital) and 14 psychiatric units in general hospitals capable of treating mental health conditions. It is also estimated that Kenya has about 116 psychiatrists for a population of about 50 million. This translates to one psychiatrist serving at least 400,000 people with mental disabilities.
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Posted: 11 April, 2024 | Author: AfricLaw | Filed under: Nimrod Muhumuza | Tags: constitutional principles, democracy, equality, homosexuality, human dignity, LGBTQ community, LGBTQ persons, mental health, right to health, right to housing, sexual orientation, social justice, Uganda, Uganda Constitutional Court |
Author: Nimrod Muhumuza
Doctoral researcher
Introduction
Stories about “trials by ordeal” abound in Africa and worldwide. In some parts of the continent, these “trials” still exist – with predictably unjust and sometimes fatal results. Trials by ordeal are capricious and unscientific, and the overall system is poor in evaluating evidence, reasoning, and arguments and arriving at a solid judgment. Today, we have a system of courts that is supposed to bring a certain sobriety, meticulousness, reasoning, and coherent judicial philosophy that rises above the occasional hot-headedness of the legislature or the overzealousness of the executive. Regularly, the system works as it should. Other times, it does not. Careful and solid judicial reasoning can still lead to a regressive and disputed decision, and a progressive ruling may come from poor and shaky rationale. Sometimes, a regressive decision may be founded on porous, incoherent, contradictory reasoning, as illustrated by the Uganda Constitutional Court’s (Con-Court) decision on the constitutionality of the Anti-Homosexuality Act, 2023 (AHA), delivered on 3 April 2024.
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Posted: 30 October, 2023 | Author: AfricLaw | Filed under: Athini Magodla | Tags: crime levels, Fatherhood, Fatherlessness, gender equality, gender liberation, gender norms, identity, Masculinities, Men, mental health, quality of life, suicide, violence, youth |
Author: Athini Magodla
Gender Programme Fellow, Centre for the Study of Violence and Reconciliation (CSVR).
Although June was Men’s Mental Health Month, noticeably, very few people know about it. This speaks volumes and shows the general disregard by society, of the issues that men face. There are limited platforms for men to engage their mental health experiences as a result of fear that holding space for men negates feminism.
The South African Society of Psychiatrists (SASOP) emphasises that suicide is one of the leading causes of death globally and the mortality rate amongst men is considerably higher compared to women. The death of local South African male celebrities such as Riky Rick, Patrick Shai and Jabu Christopher shone the spotlight on the prevalence of suicide amongst men, which sparked up debates on Twitter. The South African Depression and Anxiety Group (SADAG) reported that South African men are four times more likely to commit suicide than women – depression, anxiety and trauma are some of the contributing factors that lead men to suicide.
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Posted: 15 August, 2023 | Author: AfricLaw | Filed under: Bahja Hassan | Tags: CFM, child marriage, child mothering, economic gain, escaping poverty, forced marriage, fundamental rights of girls, gender equality, Girls Not Brides, health risks, Laws and policies, legal frameworks, mental health, mental healthcare, mental healthcare services, negative implications, ocial-cultural underpinning, political instability, poverty alleviation, right to education, rights to dignity, Somalia |
Author: Bahja Hassan
Independent Somali Gender Analyst
Summary
This article points out why initiatives to address child and forced marriages in Somalia are inadequate at providing mental health services to survivors of child marriages. It proposes an urgent rethinking of current interventions and approaches to integrate mental healthcare services so that frontline workers are equipped with necessary skills to provide services to young mothers. It argues that failure to integrate mental healthcare services into programmes aimed at ending child and forced marriage would not provide any meaningful results. This is because child and forced marriage inevitably impact girls’ mental health so much as it violates their rights to dignity, education, and livelihoods.
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Posted: 9 March, 2023 | Author: AfricLaw | Filed under: Abasiodiong Ubong Udoakpan | Tags: data protection, development, digital health interventions, digital mental health solutions, equitable access, Evidence-based regulation, General Data Protection Regulation (GDPR), health disparities, mental health, privacy, regulatory frameworks, resource constraints, Risk-based regulation, User-centered regulation, WHO framework, World Health Organization (WHO) |
Author: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
Introduction
As the use of digital mental health solutions continues to grow, there is an urgent need for regulatory frameworks to ensure their safety, effectiveness, and ethical use. The regulatory landscape for digital mental health solutions is complex and evolving. At the global level, the World Health Organization (WHO) has developed a framework for digital health that includes guidance on the development, evaluation, and regulation of digital health interventions. The WHO framework emphasizes the need for evidence-based interventions that are safe, effective, and ethical, and that are responsive to the needs of different populations. The framework also highlights the importance of data protection and privacy, as well as the need for equitable access to digital health solutions.[1]
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Posted: 25 August, 2022 | Author: AfricLaw | Filed under: Abasiodiong Ubong Udoakpan | Tags: addicted to drugs, compulsory detention, constitution, Convention of the Rights of Persons with Disabilities, CRPD, human rights instruments, incompetency, mental disability, mental health, mental illness, negative stereotypes, Nigeria, psychosocial disabilities, right to liberty, unsound mind |
Author: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
The basic principle of any type of essential psychosocial care, is to respect the safety, dignity and rights of anyone you are helping, but can this be excused? An aspect of the Convention of the Rights of Persons with Disabilities (CRPD) appears to be particularly challenging to conventional mental health practice. This concerns involuntary treatment. Along with the general right to liberty, similar to that contained in other human rights instruments, the CRPD provides that ‘the existence of a disability shall in no case justify a deprivation of liberty,[1] but what happens when the Constitution set out standards and procedures by which psychiatric interventions can be imposed against the will of a person?
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Posted: 14 July, 2022 | Author: AfricLaw | 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 |
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.
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