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Browsing by Author "Durojaye, Ebenezer"

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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, Ebenezer
Kenya 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.
Access to reproductive health and rights for indigenous women in Zimbabwe: A case of the San community in Tsholotsho and Plumtree
(University of the Western Cape, 2023) Nkomo, Sindiso Nozitha; Durojaye, Ebenezer
Access to healthcare, including reproductive health, is an essential human right that necessitates the attainment of human development, non-discrimination between genders, and promotes women’s rights. Reproductive health and rights enable women to make independent decisions and choices relating to their bodies and make it possible to keep women healthy, safe, and dignified. Despite this importance, indigenous women often struggle to have access to satisfactory reproductive health services and have poorer outcomes compared to the general populace. Indigenous women from Zimbabwe are not exempt from this predicament. It is against this background that this study aims to interrogate the extent to which San indigenous women in Zimbabwe enjoy access to reproductive health and rights. The elements of reproductive health and rights which are the main focus of this study are: “prevention and treatment of sexually transmitted infections (STIs), including HIV and AIDS and cervical cancer; maternal health; and voluntary informed and affordable family planning services.” Studies have been conducted on access to other rights by San people, such as their right to education and to decide their cultural and ethnical integrity.
Access to safe food in South Africa as a human rights imperative
(University of the Western Cape, 2015) Adeniyi, Oluwafunmilola Foluke; Durojaye, Ebenezer
The aim of this study is to examine laws and policies relating to food safety in South Africa, specifically with regard to labelling requirements in the food industry. It is hoped that this research will serve as a pointer for policy and legislative reforms in a bid to identify weak areas as well as encourage accountability and strengthen government’s response to the realisation of the right to safe food as a human right imperative.
Accountability and the right to food: A comparative study of India and South Africa
(Food Security SA Working Paper Series, 2018) Durojaye, Ebenezer; Chilemba, Enoch MacDonnell
It remains a great source of concern that, as richly endowed as the world is, each day millions of people go to sleep hungry and almost 870 million people, particularly in developing countries, are chronically undernourished. Also, every year, 6 million children die, directly or indirectly, from the consequences of undernourishment and malnutrition – that is, 1 child every 5 seconds. The international community at various forums in the last twenty years or so have committed to ending undernourishment in the world. The right to adequate food is guaranteed in a number of international and regional human rights instruments. Despite these developments, many countries have not lived up to their obligations to realise this right. South Africa and India provide an interesting comparison. On one hand, South Africa has a progressive constitution that explicitly guarantees the right to food, while the Indian Constitution does not recognise the right to food as justiciable right. Yet the Indian courts have developed rich jurisprudence to hold the government accountable for failing to realise the right to food of the people. Indeed the courts have played key roles in ensuring the judicialisation of the right to adequate food in India in the wake of the fact that the Constitution does not expressly set out the right. This report shows that South Africa can learn from the Indian experience by using litigation as a tool for holding the government accountable to its obligation under international and national laws. Besides litigating the right to food to hold the government accountable, it is noted that chapter 9 institutions such as the South African Human Rights Commission (SAHRC), the Gender Equality Commission and the Public Protector all have important roles to play in holding the government accountable to the realisation of the right to food. This is because these institutions are constitutionally empowered to monitor and report on the measures and steps taken by the government towards the realisation of socioeconomic rights, including the right to food under the Constitution. The report concludes by noting that civil society groups in South Africa will need to be more active in monitoring steps and measures adopted by the government to realise the right to food. It also notes that, where necessary, litigation can be employed as a useful strategy to hold the government to account for its obligation to realise the right to food.
Addressing female genital cutting/mutilation (FGC/M) in The Gambia
(Routledge, 2021) Durojaye, Ebenezer; Nabaneh, Satang
The purpose of this chapter is to examine the viability of the use of criminal sanction to address FGC/M in general. It then examines the nexus between FCG/M and human rights and discusses the reasons often adduced to support use of criminal law to address FGC/M. Furthermore, it focuses on the amendment to the Women’s Act in The Gambia, which prohibits FGC/M. The paper evaluates the utility of the approach adopted by the Gambian government vis-a-vis its obligation under the Protocol to the African Charter on the Rights of Women (African Women’s Protocol). The paper concludes by noting that while the prohibition of FGC/M through sanction is important, such an approach will fail to achieve its desired aim of reducing the incidence of this practice unless other complementary measures are adopted by states.
Advancing sexual and reproductive health and rights of adolescents in Africa: The role of the courts
(Springer, 2019) Durojaye, Ebenezer
Across 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).
The African Commission on Human and People's Rights and the woman question
(Springer, 2016) Durojaye, Ebenezer; Oluduro, O.
This paper proposes that in developing jurisprudence on women's rights, the African Commission will need to ask the woman question particularly the African woman question. The woman question requires a judicial or quasi-judicial body to always put woman at the centre of any decision with a view to addressing the historically disadvantaged position of women in society. Asking the African woman question means examining how the peculiar experiences of African women have been ignored by laws rooted in patriarchy across the region. Although the Commission has handled few cases directly dealing with women's rights, the paper suggests that the Commission can draw inspiration from decisions of other regional and international human rights bodies such as the European Court on Human Rights and the Committee on Elimination of All Forms of Discrimination against Women (CEDAW Committee) on how to ask the woman question. The paper recommends that in line with feminist reasoning there is a need for the African Commission to develop a consistent gender-sensitive approach in dealing with cases that may have implications for women. In essence the African Commission must ask the African woman question when dealing with cases on the enjoyment of women's fundamental rights.
The African court on human and peoples’ rights: a test of African notions of human rights and justice
(University of the Western Cape, 2019) Bello, Ayodeji Aliu; Mujuzi, Jamil Ddamulira; Durojaye, Ebenezer
The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions where their courts are integral parts of the cardinal instrument of the system ab initio, the establishment of the African Court was merely an afterthought. At the initial, protection of rights rested solely with the Commission upon African justice system which emphasises reconciliation as it is non-confrontational method of settlements of. The Commission is a quasi-judicial body modelled after the United Nations Human Right Committee without binding powers and with only limited functions covering examination of State reports, communications alleging violations and interpreting the Charter at the request of a State, the OAU or any organisation recognised by the OAU. The thesis answers the question whether the adoption of the African Court means that the African model of enforcing human rights has failed or whether having the Court constitute a concession to the triumph of the western model of law enforcement. The imperative of the 30th Ordinary Session of the OAU in 1994 where the creation of an African Court of Human and Peoples’ Rights was viewed as the best way of protecting human rights across the region would be treated. The relevance of such an examination is highlighted by the fact that the African Charter did not make any provision for the establishment of a Court to enforce the rights guaranteed thereunder. If we are to assume that justice by reconciliation has failed and should be replaced by or complimented with justice by adjudication as the primary means of conflict resolution, what guarantees are there that the latter form of justice will not also fail? This thesis therefore will critically evaluate the African Court on Human and Peoples’ Rights and assessed its potential impact on the African human rights system. It will also probe the power of the Court and see whether a clear and mutually reinforcing division of labour between it and the African Commission can be developed to promote and protect human rights on the continent. This research brings to focus an area that requires attention if the African human rights regime is to be effective. It put to test the criticism against the African Charter and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights and also identified the present existing flaws in the African regional system. Furthermore, it ascertained whether or not, given the availability of other options, a regional Court is, in fact, the ideal mechanism for the protection of human rights in Africa.
Analysing human rights accountability towards ending preventable maternal morbidity and morality in Uganda
(University of the Western Cape, 2017) Kabagambe, Agaba Daphine; Durojaye, Ebenezer
The persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and disability for men between ages 15 and 44 that comes close to the large scale of maternal mortality and morbidity. Thus, the prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the causal factors of preventable MMM and interventions needed to reverse the pervasively high numbers are now well known. Yet, hundreds of women continue to die daily and to suffer lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and programmatic strategies, the most recent survey revealed that the maternal mortality ratios were at a staggering 438 per 100,000 live births.
Analysing human rights accountability towards ending preventable maternal morbidity and mortality in Uganda
(University of the Western Cape, 2018) Kabagambe, Agaba Daphine; Durojaye, Ebenezer
The persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and disability for men between ages 15 and 44 that comes close to the large scale of maternal mortality and morbidity.1 Thus, the prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the causal factors of preventable MMM and interventions needed to reverse the pervasively high numbers are now well known. Yet, hundreds of women continue to die daily and to suffer lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and programmatic strategies, the most recent survey revealed that the maternal mortality ratios were at a staggering 438 per 100,000 live births.2 This study attributes the continued prevalence of high MMM rates to lack of accountability that would ensure services and resources are being maximized and redistributed equitably. Lack of effective accountability mechanisms in place encourages unbridled financial, human and technical resource wastage, diversion, non-utilization and embezzlement of funds. It is not enough that medical equipment, personnel and finances are increasingly being allocated to the health sector by the Government. Without effective tracking and supervisory mechanisms, these additional financial, technical and human resource allocation will most likely not translate into reduced MMM rates. Sadly, in Uganda, the role of accountability towards the operationalization of human rights is underappreciated. In fact, many health sector practitioners are unaware of the ways in which accountability can be implemented. Despite the recent infiltration of the term 'accountability' into laws and policies, it remains an elusive and fuzzy concept. Further still, as demonstrated throughout the study, accountability has been popularized by international and regional human rights monitoring mechanisms such as the UN treaty bodies, African Commission but at the domestic level, great strides have yet to be made in infusing human rights accountability into laws, policies, programs and practices in a way that will reverse the high MMM. The domestication of accountability is vital because human rights ideals are only turned into actual implementable strategies at the national level. A direct focus on Uganda would allow for the undertaking of the country's own specific challenges within its domestic context.
An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
(University of the Western Cape, 2015) Nuwagaba, Edgar; Durojaye, Ebenezer
This study adopts a comparative approach to analysing the realisation of socioeconomic rights by the African Commission on Human and Peoples’ Rights as compared with the European Commission and the Inter-American Commission. It examines the different approaches the Commission has adopted in interpreting the socioeconomic rights provision of the African Charter on Human and Peoples’ Rights with a view to assessing its appropriateness or otherwise. In addition, the study discusses some of the major challenges facing the African Commission which sometimes makes it difficult for the Commission to meet its obligations in realising socioeconomic rights guaranteed in the Charter. It then compares the approach of the African Commission with other regional human rights bodies such as the European Courts on Human Rights and the Intern-American Commission on Human Rights. It concludes by noting that the African Commission can learn some lessons from the experiences of the European and Inter-American systems on human rights with regard to the realisation of socioeconomic rights.
An analysis of the contribution of the African human rights system to the understanding of the right to health
(African Human Rights Law Journal, 2021) Durojaye, Ebenezer
The right to health is one of the important rights guaranteed in international and regional human rights instruments. Over the years the content and nature of this right have evolved through the works of scholars and clarifications provided by human rights treaty bodies. Focusing on the work of the African Commission on Human and Peoples’ Rights, this article assesses the contributions of the African human rights system towards the advancement of the right to health. It outlines some of the major achievements in terms of normative framework as exemplified by the provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the African Youth Charter and the Protocol to the African Charter on the Rights of Older Persons. In addition, it highlights the clarifications provided by the African Commission charged with interpreting the African Charter on Human and Peoples’ Rights and the African Women’s Protocol. These include the adoption of resolutions, General Comments, guidelines and important decisions which provide a nuanced understanding of the right to health in the African context. The article identifies challenges militating against the full enjoyment of the right to health, including sexual and reproductive health in the region, such as the slow ratification of important human rights instruments, the lack of political will for law
An analysis of the legal framework on gender discrimination and women’s rights to property in Nigeria: a case study of the Igala people
(University of the Western Cape, 2023) Achimugu-Opaluwa, Agah Deborah; Durojaye, Ebenezer
Although Nigeria is a signatory to several international, regional, and homegrown legal instruments seeking to promote the rights of women, like; the Convention on the Elimination of all Forms of Discrimination against Women, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and supported fundamentally by the Constitution of the Federal Republic of Nigeria 1999, which disallows female gender discrimination and also allows women the right to own immovable property. Evidence, however, abounds in most Nigerian communities and ethnic groupings of the flagrant disregard and abuse of the rights of women, especially in reference to property ownership and inheritance during and after marriage. Since the practices that deepen these manifestations of discrimination are supported by age-long traditional beliefs and customs, it seems to thrive without regard to the position of conventions and laws as those aforementioned. It is believed that the patriarchal nature of the Igala (a minority ethnic group, living in Kogi State, North – Central Nigeria and the focal point of this research) provides an enabling environment for women’s exclusion regarding property ownership and inheritance, with culture being used as a tool to justify violations.
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013) Durojaye, Ebenezer
In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. Since its establishment the Commission has played significant roles in the advancement of human rights in the region. While it can be argued that the formative stage of the Commission was characterised by administrative inefficiency and lacklustre performance, the Commission would seem to have improved at the latter stage of its existence. Indeed, the Commission has handed down a number of important and landmark decisions relating to the socio-economic rights guaranteed in the Charter. The African Charter remains one of the few regional human rights instruments that guarantee both civil and political rights and socio-economic rights as enforceable rights. In addition, the African Charter remarkably contains provisions safeguarding people's rights, which is a rare feat when compared with other regional human rights instruments. The coming into force on 25 November 2005 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (African Women's Protocol) marks a momentous occasion in the annals of the promotion and protection of human rights in Africa. The African Women's Protocol contains a number of radical and progressive provisions relating to the rights of women, thereby providing an opportunity for the African Commission to redress human rights violations experienced by women.
Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique
(GAP, 2017) Durojaye, Ebenezer
The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/child marriage-in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures taken by the government of Mozambique to address gender inequality are consistent with its obligations under international human rights law. For the purpose of this analysis, the article focuses on Mozambique’s obligations under the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on the Rights of Women (African Women’s Protocol). The article concludes by making suggestions on how Mozambique can better safeguard the rights of women and improve their status.
The Boko Haram insurgency and the child's right to education in Nigeria
(University of the Western Cape, 2016) Isokpan, Aisosa Jennifer; Durojaye, Ebenezer; Mirugi-Mukundi, Gladys
Armed conflict impacts negatively on the child's right to education as the targeted attacks on schools, school children, teachers and school facilities can cause a drop in school enrolment and attendance as well as longer term effects on the standard of education provided. This study assesses the impact of armed conflict on the child's right to basic education in the context of the Boko Haram insurgency in Nigeria. Also, considering that the child's right to education protected in international and regional human rights instruments is not suspended during armed conflict, the study also assesses how well the Nigerian government in line with its international and regional human rights obligations has responded to the educational needs of children affected by the Boko Haram insurgency.
Constitution-Building in Africa
(Community Law Centre, University of the Western Cape, 2015) de Visser, Jaap; Steytler, Nico; Powell, Derek; Durojaye, Ebenezer
The process towards the adoption of a constitution is determined by the context in which the constitution is written. It navigates such issues as political engagement, keeping politically agreed timelines, ensuring the inclusion of a variety of constituencies and groups, the use of domestic and foreign technical expertise, and ensuring legitimacy and public awareness. This book examines examples of constitution-making processes around the continent and how they attempt(ed) to accommodate the many interests at play. As such, the chapters offer a range of different constitution-making narratives. In Zimbabwe, the Global Political Agreement (GPA) provided for a parliamentary select committee, co-chaired by the three main political parties, to lead the drafting of a constitutional text. The process included public hearings and a referendum. In the case of Malawi, all of its five constitutional review projects were initiated by the presidential appointment of a constitutional review commission or technical drafting committee. The drafting of the country’s 1966 Constitution took place primarily under the auspices of the ruling Malawi Congress Party; the 1995 constitutional review process was led by a National Consultative Council and consisted of various consultative processes. While this review was markedly more inclusive, it still lacked legitimacy. The making of Kenya’s 2010 Constitution was, by all accounts, impressive in its inclusivity. With the horrors of the 2007/2008 post-election violence engraved in collective memory, and the experience of the impressive consultation, led by the Ghai Commission, still fresh in mind, Kenya’s Constitution was drafted on the basis of extensive consultation.
Contribution of the health Ombud to accountability: The life Esidimeni tragedy in South Africa
(Health and Human Rights Journal, 2018) Durojaye, Ebenezer; Agaba, Daphine Kabagambe
Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by multiple nongovernmental organizations (NGOs). The result of the change in providers, and the manner in which the transfers were managed, became a tragedy that culminated in the death of 144 mental health care patients and the exposure of 1,418 others to torture, trauma, and poor health outcomes. The state was unable to ascertain the whereabouts of a further 44 patients. The tragedy began in October 2015, when the then member of the Executive Council for health in the populous Gauteng province, which includes Johannesburg and Pretoria, announced the termination of a 40-year contract between the Department of Health and Life Esidimeni for the provision of mental health services. The NGO facilities to which the patients were transferred were ill prepared and ill equipped for the influx of patients. The tragedy drew further public attention in September 2016, when, responding to a question raised in Parliament, the member of the Executive Council for health said that about 36 former residents of Life Esidimeni had died under mysterious circumstances following their transfers. South Africa’s minister of health then requested that the newly established Office of the Health Ombud investigate the circumstances surrounding the deaths of mentally ill patients and advise on the way forward.
Developing a Community Engagement Model as a Normative Framework for Meaningful Engagement During Evictions
(University of the Western Cape, 2016) Saul, Zamani; Durojaye, Ebenezer
The research problem of this study is the jurisprudential inconsistency in the application of the right in section 26(3) of the South African Constitution's Bill of Rights. The inconsistency is due to inadequate conceptualisation of the substantive requirements of meaningful engagement (ME) by the South African Constitutional Court (ConCourt). The central argument is that the development of a community engagement model based on the substantive requirements of ME will enhance the application of section 26(3). This study commences by illustrating the disempowering nature to the squatters of the apartheid evictions in South Africa. To tighten influx control, the apartheid regime introduced a battery of laws that disempowered the squatters. The apartheid-induced disempowerment of the squatters penetrated into the democratic dispensation. In the examination of the normative context of evictions post-1994, this study identifies six primary drivers for substantive involvement of the occupiers during evictions. The six primary drivers seek to address the disempowering trajectory during evictions.
The effect of corruption on the 'available resources' for the right to housing as espoused by the Constitution of South Africa
(University of the Western Cape, 2016) Beukes, Soraya; Durojaye, Ebenezer
The objective of this study was to expose how the ineffectiveness of the anti-corruption measures contributed in delaying the right to housing, as proffered by the Constitution of South Africa, to the impoverished population at large. The result of this study has shown that the available resources of the state were not sufficiently protected against malfeasance in the public service. The plethora of anti-corruption measures has not deterred wayward public officials from personally abusing the 'available resources' earmarked for housing. Stark evidence of corruption was revealed by the SIU Reports (2011, 2012, and 2013) that confirmed endemic proportions of corruption in the public housing programme that had seen housing projects delayed, half-completed and not built. The point is, that the right to housing is not necessarily delayed by a lack of economic resources as often claimed by the government, but rather that those resources are available, but not amply protected against corruption by the anti-corruption measures and agencies in place, to do this. Procurement processes are undermined by public officials, including management, who by-pass laws that govern public finance. This behaviour has been pervasive in the human settlement programme since 2007 when the SIU embarked on its proclamation to investigate corruption in the social housing programme. Exacerbating the abuse of available resource is the first citizen, the President who the Constitutional Court found has unlawfully benefited from security upgrades at his private home, Nkandla. Thus the public service suffers from an acute lack of ethical behaviour and thereby good governance and this has made the government vulnerable to breaching international treaty obligations insofar as realisation of the minimum core in housing and protecting the maximum available resources for housing against malfeasance in government. Instead that government realises the right to housing for the impoverished soonest, the government was rather pre-occupied with abusing state funds earmarked as such and thereby deprived the right to enjoy access to housing, in particular to the homeless and the most desperate.

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