Consequences of Child Marriage on the Girl-Child’s Right to Health in South Sudan
Posted: 2 January, 2025 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights (African Charter), basic human right, Child Act, child marriage, contraceptives, Convention on the Rights of the Child (CRC), customary courts, gender-based violence, girl-child, girl-child’s right to health, Harmful practices, international human rights law, international instruments, lack of knowledge, legal obligation, Maputo Protocol, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women’s Rights in Africa, right to health, right to life, sexual and reproductive rights, South Sudan, Transitional Constitution of the Republic of South Sudan 3 Comments
Author: Akot Makur Chuot
Assistant Lecturer, School of Law, University of Juba, South Sudan
Introduction
Being born a girl in South Sudan is akin to being ‘born a problem.’ I derived this phrase from the article by Marry Ellsberg and others titled, ‘ If You Are Born a Girl in This Crisis, You Are Born a Problem….’ This sums up the dire situation a girl-child faces in South Sudan. Among the many egregious human rights violations experienced by the girl-child in South Sudan is child marriage. This practice has shattered the dreams and lives of many young girls. The rate at which child marriage is negatively affecting the health of the girl-child is alarming and calls for swift action from stakeholders. This is a moral and legal obligation.
With this context in mind this article examines the negative consequences of child marriage on the girl-child’s right to health, assesses the steps South Sudan has taken to curb the phenomenon, and explores the loopholes in the laws and policies.
The right to health, dignity and the plight of pregnant women in Rural Malawi
Posted: 11 November, 2024 Filed under: Golda Chilembwe Rapozo | Tags: access to healthcare, adequate health services, core human rights, degrading treatment, International Covenant on Economic, Malawian health department, maternal health, maternal mortality, medical services, poor infrastructure, pregnant women, right to dignity, right to health, running water, Rural Malawi, Social and Cultural Rights Leave a comment
Author: Golda Chilembwe Rapozo
LLM candidate, Centre for Human Rights, University of Pretoria
The right to health and dignity during childbirth
Malawi still experiences one of the highest maternal mortality rates in the world, with 5.7 deaths for every 1000 live births. Poor infrastructure and service conditions mar the maternal experience for women living in rural Malawi. The right to give birth in a dignified manner for women in Malawi is constantly violated. Women are either forced to give birth at home or on their way to health centres due to long distances and poor road infrastructure. In most cases, health centres are located 25 kilometres away, and there are few affordable transportation systems save for bicycles. If they are lucky enough to get to the hospital, they will either have to share beds or sleep on the floor with their newborn babies. In certain instances, these women are even required to bring their own sanitary kits and are subjected to facilities without electricity or running water. In addition, some rural health centres lack trained personnel to provide the necessary care to pregnant women. Not only does this treatment violate their rights, but it also violates the provisions of the International Covenant on Economic, Social and Cultural Rights.
Why Uganda’s LGBTQ court ruling is a stain on the country and the continent
Posted: 11 April, 2024 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 Leave a comment
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.
Perpetuating Patriarchy via Polygamy: Gaps in Legal Pluralism, the case of Afar and Somali regions of Ethiopia
Posted: 15 March, 2024 Filed under: Rehim Baharu Elala | Tags: child marriage, Civil Code, Deputy Chief Commissioner for Women and Children Affairs, discrimination against women, Ethiopian Constitution, Ethiopian Human Rights Commission (EHRC), family relations, Federal Family Law, fundamental rights, Harmful practices, human rights, human rights violations, polygamy, right to equality, right to health, the right to bodily integrity, traditional practices, women’s marital rights, women’s rights Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
A Somali man should at least have three wives: one to raise the children; a second woman for the housework; and a third one whom he can beat as a warning to the others – An old Somali proverb
The above proverb reflects the societal mindset towards polygamy and the wrong perception towards women’s marital rights. This is besides the cultural and religious influences on women to engage in polygamous marriage both in the Afar and Somali regions. Inequality in the family underlines all other aspects of discrimination against women and is often justified in the name of custom or religion. To eliminate discrimination against women in all matters relating to marriage and family relations, states are expected to take all appropriate measures.[1]
The 1995 Ethiopian Constitution guarantees equal rights for women with men in marital, personal, and family matters under article 34. The frequent mention of equality of men and women in all family relations arises from the need to combat traditional practices based on customary or religious notions that perpetuate discrimination against women.[2]
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.
COVID-19 and the access to information conundrum in Africa
Posted: 10 April, 2020 Filed under: Hlengiwe Dube | Tags: Access to Information, barriers, corona virus, COVID-19, data costs, Declaration of Principles on Freedom of Expression and Access to Information in Africa, digital divide, disabilities, flatten the curve, girls, indigenous communities, information accessibility, internet, internet access, internet taxation, lockdowns, Model Law on Access to Inofmration in Africa, nationwide crisis management, older persons, Open Government Partnership, pandemic, PWD, right to health, South Africa, women, Zimbabwe 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
As the world grapples with the deadly COVID-19 pandemic, the disease caused by the novel Corona-virus, Africa has not been spared. Although the rate of infection is still lower than the rest of the world, it is rising steadily. Governments across the world have initiated partial or nationwide crisis management measures including curfews, lockdowns, contact tracing, surveillance and testing to curb the spread of the virus, which has been coined as measures to ‘flatten the curve’. For these government-initiated emergency measures to be effective in curbing the spread of the virus, the public must comply with the government regulations. Access to information becomes very essential for the realisation of this objective and by extension other equally essential goals such as achieving the human right to health.
The right to health for refugees in South Africa: Concrete reality or wishful thinking?
Posted: 13 December, 2017 Filed under: Cristiano d'Orsi | Tags: 2003 National Health Act, African Charter of Human and Peoples’ Rights, CEDAW, domestic law, health services, healthcare services, ICERD, ICESCR, National Strategic Health Plan, OHCHR, political rights, refugee convention, refugees, right to health, right to health care, SAHRC, socio-economic rights, South Africa, Universal Declaration of Human Rights, xenophobia 1 Comment
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).
Banning female circumcision in The Gambia through legislative change: The next steps
Posted: 19 January, 2016 Filed under: Satang Nabaneh | Tags: Africa, Anti-FGM Board, Anti-FGM Prosecution Unit, Domestic Violence Act, female circumcision, female genital mutilation, fgm, harmful traditional practices, Maputo Protocol, Ministry of Women’s Affairs, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, right to dignity, right to health, Sexual Offences Act, The Gambia, women's rights, Women’s (Amendment) Bill 2015 19 Comments
Author: Satang Nabaneh
Lecturer at the Faculty of Law, University of The Gambia.
There is nothing more powerful than a decision made at the right time, especially one which is a desideratum. So it was with the ban on female genital mutilation (FGM) in The Gambia. From the coastal village of Brufut, on the chilly night of 24 November 2015, President Jammeh declared a ban on FGM stating that it was a cultural and not a religious practice (that is not to say that the practice would have been justifiable if it was a religious practice, given its well documented harmful effects). The news was as unexpected as it was music to the ear. It was every campaigner’s wish, to see an end to FGM in The Gambia. This was swiftly followed by the passing of the Women’s (Amendment) Bill 2015 by the National Assembly on 2 December 2015 to prohibit female circumcision. The amendment addresses one of the key deficiencies of the Women’s Act 2010 which was the absence of a provision on eliminating harmful traditional practices. The Amendment Act added sections 32A and 32B in the Women’s Act. With the enactment, The Gambia joined a number of African countries in adopting legislation as a reform strategy for ending FGM.
Realising the right to health for children with HIV/AIDS in Botswana: Policy based approach v rights based approach
Posted: 13 August, 2013 Filed under: Rashid Dumbuya | Tags: African Charter on Human and Peoples' Rights, African Charter on the Rights and Welfare of a Child, Botswana, children, Children's Act, constitution, Convention on the Rights of the Child (CRC), HIV/Aids, ICESCR, mother-to-child transmission, public health, Public Health Act, right to health, South Africa, TAC, Treatment Action Campaign 1 Comment
Author: Rashid Dumbuya
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa; Barrister and Solicitor, Sierra Leone
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 Zimbabwean government’s measures to address maternal mortality have little prospects of success
Posted: 30 July, 2013 Filed under: Linette du Toit | Tags: Abuja Declaration, African Union, CARMMA, constitution, Maputo Protocol, maternal deaths, maternal mortality, public health, reproductive rights, right to health, right to reproductive healthcare services, women, women's rights, Zimbabwe 2 Comments
Author: Linette du Toit
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
It is a universal and timeless reality that women face the risk of death in the process of giving life. In recent years, this risk has been virtually eliminated for those who have access to the necessary prenatal care and emergency medical assistance. Contrary to the global trend, Zimbabwe has seen a stark increase in its number of maternal deaths and currently sits with a figure that is 50% higher than the sub-Saharan average.
This state of affairs is not surprising in light of the disintegrated nature of Zimbabwe’s public health system, which reached its lowest point in 2008. At that time, government policies led to the closure of public hospitals and a medical school in Harare. Basic resources and emergency care have not been consistently available and the government’s failure to remunerate healthcare professionals with set salaries left many of them with no choice but to leave the country. The continuing epidemic of deaths which could have been prevented indicates an alarming disregard for a variety of rights and obligations on the part of the Zimbabwean government. Questions arise as to whether the government is taking appropriate measures to address the plight of Zimbabwean women.
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