Research Articles (Public Law and Jurisprudence)

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Browsing by Author "Bouah, Nicole"

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    A child's right to identity in the context of embryo donation: Lessons from Australia and New Zealand, part 2
    (North-West Unversity, 2024) Bouah, Nicole; Jacobs, Carmel
    In part 1 of this article the current level of protection of the right to identity both at the national and international levels were considered in the case of embryo donation. It was concluded that at a national level the national health act, its accompanying regulations and the children's act fail to protect this right. The constitutional provisions on children's rights are also unhelpful in providing the requisite level of protection. At an international level it was further found that neither the CRC nor the ACRWC explicitly uphold the child's right to identity in the case of embryo donation. In an attempt to address this defect, this article compares the legal protection provided for the right to identity of children born through embryo donation in Australia and New Zealand. A number of lessons can be drawn from this comparative analysis. At a national level the article submits that the birth certificate should indicate the child's true origins and in addition to a register which holds the particulars of the child's donor parents, a separate donor sibling register is also suggested. Legislative amendments are also suggested to parliament.
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    Towards comprehensive guidance for states in the African region to respond to children’s rights in emergencies, disasters and pandemics
    (Brill Nijhoff, 2021) Bouah, Nicole; Sloth-Nielsen, Julia
    The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection from sexual and genderbased violence, harmful traditional and cultural practices including child, early or forced marriage (cefm), female genital-mutilation (fgm); and further limiting access to reproductive services and food insecurity. This article illustrates that because demonstrably different considerations arise by comparison to children’s experiences in the global north, it would be a valuable contribution for the African Committee of Experts on the Rights and Welfare of the Child to develop a General Comment on state responses to upholding children’s rights in the context of epidemics, pandemics and emergencies, tailored to the specificities of the region.