Browsing by Subject "Human Rights"

Now showing 1 - 12 of 12
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    Constitutionalism, Good Faith and the Doctrine of Specific Performance: Rights, Duties and Equitable Discretion
    (Juta, 2016-03-01) Siliquini-Cinelli, Luca; Hutchison, Andrew
    This paper will explore the European roots of the doctrine of specific performance and the influence of transformative constitutionalism on these in recent times. The question of whether specific performance is available as of right (as in the Civil law), or only subject to judicial discretion (as in the Common law), will be investigated. The demonstrated impact of constitutional rights on contract law in the mixed system of South Africa will be contrasted with developments in English and Australian contract law, where the Common law rules are more deeply entrenched and the potential scope for human rights-based development of these is arguably smaller, though still important. The paper will argue, using comparative rules on specific performance as an example, that the concept of a duty of good faith or contractual fairness, is likely to play a greater role in future in all three of the countries under consideration, reducing the common/civil/mixed legal systems divide.
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    Does the 1951 UN Convention Relating to the Status of Refugees adequately protect refugess from refoulement?
    (2013) Jaravani, Motion; Schreier, Tal; Chirwa, Danwood Mzikenge
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    An evaluation of the law and practice in Tanzania in realising the rights of vulnerable children in street situations
    (2015) Kisinza, Mercy-Grace Lameck; Manjoo, Rashida
    This dissertation examines the plight of children in street situations in Tanzania. It also examines the obligations the State owes to children in street situations, what it has done to fulfil those obligations. It analyses the effectiveness and impact of the steps and actions undertaken to fulfil the obligations towards children in street situations.
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    Fighting HIV/AIDS insecurities using a human rights-based approach : a case study of Zimbabwe
    (2009) Mungwari, Patience; Akokpari, John
    [No title page] This study underscores the need to tackle the escalating HIV /AIDS pandemic in Zimbabwe through a developmental and human rights based approach. In particular it focuses on second generation rights because of their emphasis on the social welfare of individuals. Second generation rights relate to the living conditions of people in society, attempting to ensure that individuals have adequate standard of living. This is achieved through the provision of adequate food, clothing, income, housing, medical care and other essential social services. While acknowledging that behaviour change is an essential element in fighting HIV/AIDS since the virus is spread mostly through sexual contact, the study recognises that it is of limited effect if factors that constrain the ability of individuals to alter their behaviour are not addressed. The study thus recommends the upholding of second-generation rights as an effective compliment to behaviour change strategies. Without mechanisms that facilitate change and build a conducive environment for such a transformation, the HIV/AIDS pandemic will continue to rage on. The research is a qualitative study conducted with a single case study. Zimbabwe is used as a case study as it provides a unique example of a country that has managed to lower its HIV/AIDS prevalence. However, it is now faced with an overwhelming challenge of increasing or at least sustaining this downward trend of the epidemic. Unfortunately, due to an economic and political melt-down the country is suffering a serious humanitarian crisis that has impoverished the community, encouraging risky sexual coping strategies and severely undermined the countries health delivery system, all which work to threaten the success achieved so far in the battle against HIV/AIDS.
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    The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena: what can be learnt from the justiciability of socio-economic rights in South Africa?
    (2010) Galliker, Doris; De Vos, Pierre
    The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those rights ' as it is already the case for civil and political rights (CPR) ' will become quasi-justiciable at international level. Once the Optional Protocol will enter into force, individuals and groups victims of violations of any right contained in the International Covenant on Economic, Social and Cultural Rights (the 'Covenant' or the 'ICESCR') will have the possibility to submit communications to the United Nations Committee on Economic, Social and Cultural Rights (the 'Committee' or the 'CESCR'), as long as the state concerned is party to the OP-ICESCR.
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    Public/community engagement in health research with men who have sex with men in sub-Saharan Africa: challenges and opportunities
    (2016) Molyneux, Sassy; Sariola, Salla; Allman, Dan; Dijkstra, Maartje; Gichuru, Evans; Graham, Susan; Kamuya, Dorcas; Gakii, Gloria; Kayemba, Brian; Kombo, Bernadette; Maleche, Allan; Mbwambo, Jessie; Marsh, Vicki; Micheni, Murugi; Mumba, Noni; Parker, Michael; Shio, Jasmine; Yah, Clarence; van der Elst, Elise; Sanders, Eduard
    Abstract Background Community engagement, incorporating elements of the broader concepts of public and stakeholder engagement, is increasingly promoted globally, including for health research conducted in developing countries. In sub-Saharan Africa, community engagement needs and challenges are arguably intensified for studies involving gay, bisexual and other men who have sex with men, where male same-sex sexual interactions are often highly stigmatised and even illegal. This paper contextualises, describes and interprets the discussions and outcomes of an international meeting held at the Kenya Medical Research Institute-Wellcome Trust in Kilifi, Kenya, in November 2013, to critically examine the experiences with community engagement for studies involving men who have sex with men. Discussion We discuss the ethically charged nature of the language used for men who have sex with men, and of working with ‘representatives’ of these communities, as well as the complementarity and tensions between a broadly public health approach to community engagement, and a more rights based approach. We highlight the importance of researchers carefully considering which communities to engage with, and the goals, activities, and indicators of success and potential challenges for each. We suggest that, given the unintended harms that can emerge from community engagement (including through labelling, breaches in confidentiality, increased visibility and stigma, and threats to safety), representatives of same-sex populations should be consulted from the earliest possible stage, and that engagement activities should be continuously revised in response to unfolding realities. Engagement should also include less vocal and visible men who have sex with men, and members of other communities with influence on the research, and on research participants and their families and friends. Broader ethics support, advice and research into studies involving men who have sex with men is needed to ensure that ethical challenges – including but not limited to those related to community engagement – are identified and addressed. Summary Underlying challenges and dilemmas linked to stigma and discrimination of men who have sex with men in Africa raise special responsibilities for researchers. Community engagement is an important way of identifying responses to these challenges and responsibilities but itself presents important ethical challenges.
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    The African court: an ideal mechanism for the regional protection of human rights?
    (1999) Olusanya, Olaolu; Bennett, TW
    Proposals for an African Court of human rights date back to 1961, when the African Conference on the Rule of Law, which brought together judges, teachers of law and legal practitioners from 23 African states, invited governments to consider the adoption of an African convention on human rights and the establishment of a court to safeguard the rights enshrined therein. After several attempts to adopt such a convention had failed, the idea of setting up a court was raised again in the late 1970s, when the African Charter on Human and Peoples' rights was negotiated. It was then on the ground that Africans preferred to settle disputes through negotiation and conciliation rather than through contentious proceedings, but the fear of many African they would be subjected to the judgments of an international body may have played a similar role.
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    The regulation of ukuthwala in South Africa: lessons from Malawi
    (2022) Saukila, Tonthozo; Osman, Fatima
    South Africa is a pluralistic society whose supreme constitution protects the right to culture and other fundamental human rights, such as the right to equality and human dignity. South Africa is also party to a number of international and regional human rights instruments which aim to protect women and children from discrimination and harmful practices. It is important to consider these instruments as they create the normative standards to which South Africa is bound. Today, the continued practice of certain cultural practices, which are seen as inherently cultural, risk the violation of the Constitution and international and regional instruments. This thesis examines the tension between the right to culture and, inter alia, the right to dignity and equality, through the practice of ukuthwala. Ukuthwala, also known as bridal abduction, is mainly prevalent in the Eastern Cape and Kwazulu Natal provinces of South Africa, though it is also practiced in other provinces of the country. It aims to address the question: how can south Africa regulate ukuthwala? In coming to an answer, this thesis examines how Malawi has regulated the harmful cultural practice (HCP) of child marriage. Like South Africa, Malawi is a pluralistic society with a supreme constitution which protects, inter alia, the right to participate in the cultural life and the right to human dignity and personal freedoms. In line with its international and regional human rights obligations, Malawi has promulgated legislation to formally regulate HCPs. However, such “top-down” interventions are not always the best approach in African societies, as they are often theoretically beneficial to those they aim to help, but practically do not help. As such, there is a need for a “bottom-up” approach, one that involves the community, in creating solutions that regulate the HCPs affecting them. In this regard, various communities in Malawian districts have employed community “by-laws”, which are community made rules and sanctions that are not legally binding, to combat HCPs. The thesis argues that such by-laws, though non-binding, are effective because they provide a community owned and oriented solution, which inspires adherence. As such, they have contributed to reducing the prevalence of child marriage in the country. It argues that such a “bottom-up” approach is best suited to address HCPs in rural communities, as it is a home-grown solution. This thesis proposes an adapted form of community “by-laws” be employed in the context of ukuthwala, as it counters the alienation sometimes caused by the “top-down” approach. In including the community in creating a solution, they are involved in creating solutions which address the problems specific to them, and they are given ownership of the solution.
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    The right to traditional, complementary, and alternative health care
    (2014) Stuttaford, Maria; Al Makhamreh, Sahar; Coomans, Fons; Harrington, John; Himonga, Chuma; Hundt, Gillian Lewando
    BackgroundState parties to human rights conventions and declarations are often faced with the seemingly contradictory problem of having an obligation to protect people from harmful practices while also having an obligation to enable access to culturally appropriate effective healing. As people increasingly migrate across the globe, previous distinctions between ‘traditional’ and ‘complementary and alternative medicine’ practices are being transcended. There are connections across transnational healing pathways that link local, national, and global movements of people and knowledge.ObjectiveThis paper contributes to the development of the concept and practice of the right to health in all its forms, exploring the right to traditional, complementary, and alternative health (R2TCAH) across different contexts.DesignThe paper draws on four settings – England, South Africa, Kenya, and Jordan – and is based on key informant interviews and a literature review undertaken in 2010, and updated in 2013. The paper begins by reviewing the international legal context for the right to health. It then considers legal and professional regulations from the global north and south.ResultsAdditional research is needed to establish the legal basis, compare regulatory frameworks, and explore patient and provider perspectives of regulation. This leads to being able to make recommendations on how to balance protection from harm and the obligation to ensure culturally appropriate services. Such an exploration must also challenge Western theories of human rights. Key concepts, such as individual harm, consent, and respect of the autonomy of the individual already established and recognised in international health law, could be adopted in the development of a template for future comparative research.ConclusionsExploration of the normative content of the right to health in all its forms will contribute to supporting traditional, complementary, and alternative health service users and providers in terms of access to information, non-discrimination, clarification of state obligations, and accountability.
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    Training Trainers in health and human rights: Implementing curriculum change in South African health sciences institutions
    (BioMed Central Ltd, 2011) Ewert, Elena; Baldwin-Ragaven, Laurel; London, Leslie
    BACKGROUND: The complicity of the South African health sector in apartheid and the international relevance of human rights as a professional obligation prompted moves to include human rights competencies in the curricula of health professionals in South Africa. A Train-the-Trainers course in Health and Human Rights was established in 1998 to equip faculty members from health sciences institutions nationwide with the necessary skills, attitudes and knowledge to teach human rights to their students. This study followed up participants to determine the extent of curriculum implementation, support needed as well as barriers encountered in integrating human rights into health sciences teaching and learning. METHODS: A survey including both quantitative and qualitative components was distributed in 2007 to past course participants from 1998-2006 via telephone, fax and electronic communication. RESULTS: Out of 162 past participants, 46 (28%) completed the survey, the majority of whom were still employed in academic settings (67%). Twenty-two respondents (48%) implemented a total of 33 formal human rights courses into the curricula at their institutions. Respondents were nine times more likely (relative risk 9.26; 95% CI 5.14-16.66) to implement human rights education after completing the training. Seventy-two extracurricular activities were offered by 21 respondents, many of whom had successfully implemented formal curricula. Enabling factors for implementation included: prior teaching experience in human rights, general institutional support and the presence of allies - most commonly coworkers as well as deans. Frequently cited barriers to implementation included: budget restrictions, time constraints and perceived apathy of colleagues or students. Overall, respondents noted personal enrichment and optimism in teaching human rights. CONCLUSION: This Train-the-Trainer course provides the historical context, educational tools, and collective motivation to incorporate human rights educational initiatives at health sciences institutions. Increased implementation of human rights instruction, both formally and extracurricularly, has demonstrated the training's significance not only within academic institutions but more broadly across the health sector. Coworkers are vital allies in teaching human rights to health sciences students, helping to alleviate institutional barriers. Training fellow staff members and those in key leadership roles is noted as vital to the sustainability of human rights education.
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    Working women in Cape Town: reconciling religious beliefs and modernity
    (2013) Thondoo, Sandrina; Amien, Waheeda
    A patriarchal reading of the Qur'ānic verse 4:34 implies the subordination of wives to their husband within their families. The fundamental duty of the husband to support his wife materially has led to the entrenched notion of male protection of women. In exchange for such protection, the wife has the reciprocal duty of obedience to her husband, which may lead to the restriction of her right to work, amongst other rights. In contemporary societies where women are increasingly participating in the maintenance of the family, different interpretations of the verse are now becoming more influential than the patriarchal view. Allowing women access to equal opportunities on the labour market and to receive equal remuneration will not only contribute to the overall improvement of society but could also lead to the effective implementation of gender equality as required by international legal standards and religious doctrines.