Book and Book Chapters (Faculty of Law)
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Browsing by Author "Durojaye, Ebenezer"
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Item Access to Justice in Kenya in the Context of Sustainable Development Goals (SDG) 16.3 on the Rule of Law: Lessons for the upcoming 2020 Voluntary National Review Report(CEDRED Publications, 2020-08) Nanima, Robert Doya; Durojaye, EbenezerKenya was among the various countries that presented a Voluntary National Review Report in 2017. In the context of the Sustainable Development Goal 16.3, a close reading of the 2017 Report shows some strong and weak points. Kenya is preparing its second Voluntary National Review Report at the next High-Level Political Forum in 2020. This contribution argues that Kenya can take lessons from its 2017 Report to comprehensively engage issues that speak to Access to Justice under SDG 16.3. First, the contribution contextualizes Sustainable Development Goal 16.3 in Kenya’s context. Secondly, it evaluates and juxtaposes the requirements for the Voluntary National Review Report under the 2020 and the 2017 Guidelines. Thirdly, it evaluates the extent to which the 2017 Voluntary National Review Report ascribed to its guidelines and where the emphasis for the 2020 Report should be. The fifth step is a hint on the way forward; followed by a conclusion. The authors adopt a desktop approach that evaluates available literature, legislation, case law and similar sources. The findings show that until May 2020, the SDG 16.3 did not deal with access to civil justice. Literature has identified the need to engage both formal and informal courts to deal with various societal issues like entrenched inequalities, discrimination and the independence of the judiciary. This study finds that a point of departure from Kenya’s 2017 VNR Report requires that data should be desegregated according to the requirements of SDG 16.3, with a more nuanced approach that links the challenges to access to justice.Item Advancing sexual and reproductive health and rights of adolescents in Africa: The role of the courts(Springer, 2019) Durojaye, EbenezerAcross the world, adolescents encounter various challenges that may implicate the enjoyment of their sexual and reproductive health and rights. The situation of adolescents in Africa is aggravated by high poverty levels and a high disease burden in the region. Some of the challenges facing adolescents in Africa include high incidence of child marriage, unwanted pregnancy, unsafe abortion, and sexually transmitted infections, including HIV and maternal mortality. It is estimated that 1 in 3 girls is married before attaining 18 (UNFPA, Marrying too young: end child marriage. UN Population Fund, 2012), while an estimated 16 million adolescent girls aged 15–19 (most of them in poor regions, including Africa) give birth yearly. Also, about 31% of young women aged 20–24 in least developed countries gave birth before age 18 between 2000 and 2009 (UNICEF et al., Violence against Children in Tanzania: Findings from a National Survey 2009. UN Children’s Fund, US Centers for Disease Control and Prevention and Muhimbili University of Health and Allied Sciences, 2011). An in-depth study of four sub-Saharan African countries found that 60% or more of adolescent men and women did not know how to prevent pregnancy and one-third or more did not know of a source for contraceptives (Guttmacher Institute and IPPF, Facts on the sexual and reproductive health of adolescent women in the developing world. Allan Guttmacher Institute and International Planned Parenthood Federation, 2010). The majority of about 300,000 women and girls that die annually (800 deaths per day) due to complications arising from childbirth are from Africa (UNFPA 2011).Item Exploring the link between poverty and human rights in Africa(Pretoria University Law Press, 2020) Durojaye, Ebenezer; Mirugi- Mukundi, GladysPoverty remains one of the greatest challenges facing humanity in this century. Despite the fact that the world is blessed with natural and human resources, a significant number of people, particularly in developing countries, still live in abject poverty. Recent developments show that efforts at combating poverty across the globe are yielding positive results as there seems to be a significant decrease in the number of people living in extreme poverty in poor regions. The picture is not all rosy, however, as there remains a great cause for concern as the world’s poorest people still live in developing countries. An estimated 736 million people worldwide – the majority in South Asia and Africa – live in extreme poverty.1 Indeed, half of these people live in five countries, namely, India, Nigeria, the Democratic Republic of the Congo (DRC), Ethiopia and Bangladesh.2 Almost 1,4 billion people are living in extreme poverty.3 The poverty situation in many developing countries, particularly Africa, is exacerbated by famine, conflict, the lack of access to basic services such as health care, water, sanitation and electricity, unemployment and corruption. While the majority of persons living in extreme poverty are found in developing countries, some of them also live in developed countries.Item Lessons from litigating for sexual and reproductive health and rights in Southern Africa(Taylor & Francis group, 2021) Gonese-Manjonjo, Tambudzai; Durojaye, EbenezerThis chapter focuses on lessons learnt from the experiences of the Southern Africa Litigation Centre (SALC) in instituting and supporting strategic litigation on sexual and reproductive health rights in Southern Africa. Strategic litigation in this context focuses on litigation with the potential to positively impact women’s sexual and reproductive health and rights(SRHR), by broadening the interpretation of the rights and working toward positive legal or other reforms in line with such interpretation. It accordingly consists not simply of the filing of a legal case, but also involves substantial research to ensure an effective outcome and sustained advocacy to support the case. Strategic litigation should lead to eventual reforms. Developing a strategy to ensure a tactical impact requires knowledge of the specific needs of women in the country, the laws and jurisprudence affecting these needs, and the extent to which litigation can have impact depending on the composition of the judiciary and the prevailing socio-political conditions in the country.