Browsing by Author "Chirwa, Danwood M"

Now showing 1 - 4 of 4
  • No Thumbnail Available
    Item
    Open Access
    An analysis of the compliance by the Lesotho Defence Force with the convention against torture and other cruel, inhuman or degrading treatment or punishment
    (2009) Sechele, Bulane Andrew; Chirwa, Danwood M
    This study analyses the compliance by Lesotho, especially the Lesotho Defence Force (the LDF), with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the CAT) of 1984. It discusses the prohibition of torture in the international arena and how this is reflected in Lesotho, especially in the LDF.
  • No Thumbnail Available
    Item
    Open Access
    Exploring the legal means of enhancing access to essential medicines in South Africa
    (2008) Moyo, Admark; Chirwa, Danwood M
    The introduction of ARVs to the care and treatment of HIV and AIDS must comply with South African patent law and international obligations under the TRIPS agreement. However, the prices of patented and/or branded drugs supplied by the manufacturers may prevent equitable access to necessary drugs for South Africans. Recent international trade agreements and the South African law provide a number of ways to address this dilemma. Therefore, if it is deemed necessary and expedient, the government may consider the implementation of measures such as voluntary licensing, compulsory licensing and parallel importation to purchase drugs at affordable and favourable prices (my emphasis).
  • Thumbnail Image
    Item
    Open Access
    Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law
    (2013) Osman, Fatima; Chirwa, Danwood M
    his thesis analyses whether a legislative ban on wearing a headscarf breaches the right to freedom of religion, as such right is universally understood. It describes the ambit of the right to freedom of religion by examining the theoretical justification and importance of the right and thereafter analysing how the right is recognised in international and regional treaties and domestic constitutions. It demonstrates that religious freedom comprises of the right to hold a religion and the right to manifest a religion in the form of worship, observance, practice and teaching. Religious freedom, however, is not absolute and the thesis explains in the light of international and comparative case-law that the right to freedom of religion may be limited by a law that pursues a legitimate state interest and is reasonable. In light of this theoretical framework the thesis examines the practice of Muslim women wearing a headscarf and argues that the practice constitutes a manifestation of Islamic belief protected by the right to freedom of religion. Thereafter this thesis examines French, Turkish and German prohibitions on wearing a headscarf, the effect of these laws on Muslim women and the justifications furnished for such laws. It is argued that the state interest of preserving secularism relied upon to justify a headscarf ban is not legitimate and does not justify a headscarf ban. Furthermore, even where the state has a legitimate interest in preventing the coercion of young girls, promoting the equality rights of women and maintaining safety and order, a headscarf ban does not constitute a reasonable limitation of religious freedom. Ultimately, this thesis argues that a headscarf ban exacerbates the problems it is meant to solve and constitutes an unjustifiable infringement of religious freedom.
  • No Thumbnail Available
    Item
    Open Access
    Internally displaced persons: towards an effective international legal protection regime
    (2008) Ngugi, Elias Lema; Chirwa, Danwood M
    Internal displacement has emerged as one of the great human tragedies of our time. It has also created an unprecedented challenge for the international community: to find ways to respond to what is essentially an internal crisis…protection should be central to the international response and [with] assistance should be provided in a comprehensive way that brings together the humanitarian, human rights, and development components of the United Nations.