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  • Author: William Onzivu
  • Publication Date: 01-2011
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: State centred discourse on international law and human rights often diminishes the obligations of global health institutions in international law to advance health related human rights and as sites for the progressive development and implementation of health rights. The constitution of the World Health Organization (WHO) provides an expansive role for human rights protection and promotion in realizing public health, but WHO has faced hurdles in effectively carrying out this role. Current scholarship continues to underscore the normative challenges facing WHO concerning its limited use of international law including human rights to promote health. This article goes a step further and explores the evolving international legal and institutional basis for WHO's future direction in strengthening the governance of human rights. It revisits WHO's evolving and expanding human rights mandate, challenges and prospects within WHO law, the broader United Nations law, policy and practice as well as general international law. Despite the limitations, WHO has evolving institutional mechanisms rooted in international law that comprise a pivotal site for human rights normative and operational work at the global, regional and domestic levels. The article examines these mechanisms and suggests concrete ways and options in which WHO can advance health rights.
  • Topic: Human Rights, International Law, United Nations, World Trade Organization
  • Author: Chile Eboe-Osuji
  • Publication Date: 01-2011
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: There is a newfound momentum in international law for reparation for the victims of gross violations of human rights. This momentum has been largely hortative in resonance than actual. The slow progress in translating that desire into tangible, effective reparation programmes is partly attributable to the absence of coherent theoretical bases – especially palatable ones – for reparation in particular cases. It is submitted, however, that in canvassing the theories of reparation, the driving consideration must always remain the interests of victims and not the intellectual satisfaction of knowledgeable and well-meaning experts. The most erudite rationalization of the idea of reparation will be of no consequence if it does not, in practice, assist in improving the lives of the victims. While, it is important always to keep in view the fault-based theories of reparation, it is also advisable to consider the utility of employing the no-fault-based rationale for achieving the aim of reparation when the party at fault is either unavailable or unable to make reparation at all or in full. Hence, guidance might be had to the gratis model of reparation employed in many domestic jurisdictions to make some compensation to victims of violent crimes.
  • Topic: Human Rights, International Law
  • Publication Date: 11-2008
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: The African Journal of Legal Studies is pleased to present the following books relating to human rights in Africa received from two major publishers:. Antje du Bois-Pedain, Transitional Amnesty in South Africa (Cambridge: Cambridge University Press, 2007) 418 pages, hardback. . Obiora Chinedu Okafor, The African Human Rights System, Activist Forces and International Institutions (Cambridge: Cambridge University Press, 2007) 350 pages, hardback . John Hagan and Wenona Rymond-Richmond, Darfur and the Crime of Genocide (Cambridge: Cambridge University Press, 2008) 296 pages, paperback.. Frans Viljoen, International Human Rights Law in Africa (Oxford: Oxford University Press, 2007) 673 pages, hardback.
  • Topic: Human Rights, International Law
  • Political Geography: Africa
  • Author: John Cantius Mubangizi
  • Publication Date: 03-2006
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: This article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attempt to transform themselves into democratic societies. In a sense, these countries can be seen as transitional societies, emerging as they have done, from long periods of apartheid and foreign domination or autocratic dictatorships. The latter is true for Uganda and Ghana while the former refers to South Africa and Namibia. The article concludes that South Africa has not only made the most advanced constitutional provision for socio-economic rights, it has also taken the lead in the judicial enforcement of such rights, an experience from which the other countries in the survey can learn.
  • Topic: Development, Government, International Law
  • Political Geography: Africa
  • Author: Vincent O. Nmehielle
  • Publication Date: 03-2006
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: This article examines the human rights dimension of genetic discrimination in Africa, exploring the place of regulatory frameworks while taking into account the disadvantaged position of the average African. This is in response to the tendency of insurance companies toward making health insurance decisions on the basis of individual genetic information, which could result in genetic discrimination or health insurance discrimination based on a person’s genetic profile. The author considers such questions as the intersection between human rights (right to life, health, privacy, human dignity and against genetic discrimination) in relation to the insurance industry, as well as the obligations of state and non-state actors to promote, respect, and protect the enjoyment of these rights. The article argues that African nations should not stand aloof in trying to balance the competing interests (scientific, economic and social) presented by the use of genetic information in the health care context and that ultimately it is the responsibility of states to develop domestic policies to protect their most vulnerable citizens and to prevent entrenched private discrimination based on an individual’s genes.
  • Topic: Development, Government, Human Rights, International Law
  • Political Geography: Africa
  • Publication Date: 03-2006
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: These Rules of Procedure and Evidence as first amended on 7 March 2003, are applicable pursuant to Article 14 of the Statute of the Special Court for Sierra Leone, and entered into force on 12 April 2002.
  • Topic: Development, Government, International Law
  • Political Geography: Africa