Browsing by Author "Ebenezer, Durojaye"
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Item Addressing Human Rights concerns raised by mandatory HIV testing of pregnant women through the Protocol to the African Charter on the Rights of Women(Journal of African Law, 2008) Ebenezer, DurojayeThis article considers the importance of preventing mother to child transmission of HIV in Africa. It argues, however, that any approach to achieving this aim must be consistent with respect for human rights. In particular, it argues that mandatory HIV testing of pregnant women violates their rights to autonomy, health and reproductive care, and non-discrimination, all guaranteed in the Protocol to the African Charter on the Rights of Women and other international and regional human rights instruments. It concludes by arguing that respect for women's human rights should form the fulcrum for any call for mandatory or routine HIV testing of pregnant women in Africa.Item The African Commission on Human and Peoples’ Rights and the promotion and protection of sexual and reproductive rights(African Human Rights Law Journal, 2011) Victoria, Balogun; Ebenezer, DurojayeThe article examines the activities of the African Commission with regard to the advancement of sexual and reproductive health and rights in Africa. The article reviews the importance of applying human rights to sexual and reproductive health issues. It further discusses the promotional and protective mandates of the African Commission with a view to ascertaining whether the Commission has given attention to addressing the sexual and reproductive health challenges facing the region. In this regard, the paper focuses on two important issues - maternal mortality and same-sex relationships. Based on careful analyses of the promotional and protective mandates of the Commission, it is argued that some efforts have been made towards advancing reproductive health and rights in Africa. However, much more effort is needed with regard to sexual health and rights, especially with regard to issues such as same-sex relationships, sex work and violence against women. In conclusion, some suggestions are provided on the role of the African Commission in advancing sexual and reproductive health and rights in the region.Item The African Women's Protocol and sexual rights(The International Journal of Human Rights, 2014-11) Ebenezer, Durojaye; Lucyline Nkatha, Murungi‘Sexual rights’ are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care services. The entry point for the notion of sexual rights in the international community was the World Conference on Human Rights in Vienna. The conference affirmed for the first time that acts of violence against women impair and nullify the enjoyment of their rights and freedoms. Subsequent global and regional forums have since contributed to the understanding of ‘sexual rights’ as human rights issues. Article 14 of the African Women’s Protocol builds upon these gains and enhances the sexual rights discourse in several ways; the article pioneered the inclusion of ‘sexual rights’ in a human rights instrument, and recognises the link between women’s sexuality, their dignity, and other rights. A purposive and holistic interpretation of the article is crucial to the advancement of the sexual rights of girls and women in Africa.Item The child's right to basic education in Nigeria: a commentary on the decision in SERAP v Nigeria(African Journal of International and Comparative Law, 2018) Aisosa Jennifer, Isokpan; Ebenezer, DurojayeThe right to education is not justiciable in Nigeria by virtue of it being included in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN 1999) as a directive principle of state policy. This is evidenced in the case of Badejo v. Federal Ministry of Education, where the applicant claimed that as a result of the discriminatory conduct of the respondents she was denied her right and the chance to be considered for admission into one of the Federal government colleges in Nigeria. Her application as well as her appeal was dismissed by the High Court and the Court of Appeal.Item Compulsory licensing and access to medicines in post Doha era: What hope for Africa?(Netherlands International Law Review, 2008) Ebenezer, DurojayeThe Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994, an outcome of the Uruguay Round negotiations, radically altered the role of international trade law in promoting and enforcing intellectual property protection around the globe. This important, yet controversial, international agreement requires members of the World Trade Organization (WTO) to implement strong intellectual property protections in their domestic law. Indeed the emergence of the TRIPS Agreement at the end of deliberations in Marrakesh has been described as a major tactical victory for rich countries and pharmaceutical companies. Prior to 1994, countries of the world were not obligated to grant patent rights for pharmaceutical products, but with the signing of the TRIPS Agreement this changed. Along with this change, patent protection for pharmaceuticals, and the impact such patent protection is likely to have on access to medicines for the world’s poor, have become a major source of conflict between rich and poor nations.Item Developing norms and standards on maternal mortality in Africa: lessons from UN human rights bodies(African Human Rights Yearbook, 2017) Onyema, Afulukwe-Eruchalu; Ebenezer, DurojayeThe African Charter on Human and Peoples’ Rights and the Protocol to the African Charter Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol) contain useful provisions for addressing maternal mortality as a human rights violation. In addition, the African Union and its organs have recognised maternal mortality as a violation of the rights of women in Africa through initiatives such as the Campaign on Accelerated Reduction of Maternal Mortality in Africa; the African Commission on Human and Peoples’ Rights (African Commission) Resolution 135 on Maternal Mortality in Africa; as well as the African Commission’s General Comment on the Right to Life. Both the African Court on Human and Peoples’ Rights and the African Commission are now set to apply these frameworks in their jurisprudence and engagements with States. However, despite these developments, a significant number of African women die every year due to complications arising from pregnancy or childbirth. These deaths are avoidable if African governments have lived up to their obligations under international and regional human rights instruments. This article addresses pertinent experiences from the United Nations human rights system and analyses the key lessons learned from their approaches to addressing maternal mortality as a human rights issue, to strengthen the African system’s jurisprudence and legal frameworks.Item The Ebola Virus and Human Rights Concerns in Africa(African Journal of Reproductive Health, 2015) Ebenezer, Durojaye; Gladys, Mirugi-MukundiIn the wake of the Ebola virus disease (EVD) that is ravaging parts of Africa certain measures are being taken by governments to prevent the spread of the epidemic within their borders. Some of these measures are drastic and may likely have implications for the fundamental rights of individuals. The EVD outbreaks have brought to the fore again the tension between public health and human rights. This article discusses the origin and mode of transmission of the EVD and then considers the human rights challenges that may arise as a result of states’ responses to the disease in Africa.Item Eviction process in Nigeria: the need for meaningful engagement(Commonwealth Law Bulletin, 2018) Ebenezer, Durojaye; Aisosa, IsokpanThe important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard to the jurisprudence of the South African Constitutional Court on meaningful engagement, a critical evaluation of the case of Badia East eviction in Lagos, Nigeria is considered highlighting the flaws in the engagement process adopted. It is shown that the process of meaningful engagement with affected persons before an eviction occurs has the capacity to mitigate the human rights abuses that could arise from the process.Item The Human Rights Council’s Resolution on Maternal Mortality: Better late than never(African Human Rights Law Journal, 2010) Ebenezer, DurojayeThe article examines data in relation to maternal mortality and the causes of death during pregnancy and childbirth. It analyses the United Nations Human Rights Council’s Resolution on Maternal Mortality and its importance to the prevention of maternal deaths worldwide. The article argues that, although the Resolution of the Human Rights Council should have come sooner, nonetheless it remains a strong statement by a UN body to the international community, particularly poor regions such as Africa, to take adequate measures to address the causes of maternal deaths. The article concludes by commending the Human Rights Council for this Resolution and expresses the hope that greater attention will be given to the issue of maternal mortality by the international community in regions worst affected, such as Africa.Item Human rights implications of mandatory premarital HIV testing in Nigeria(International Journal of Law, Policy and the Family, 2010-04) Ebenezer, Durojaye; Victoria, BalogunThis article considers the implications of public health policy on the enjoyment of individuals’ fundamental rights. It specifically examines the appropriateness of mandatory premarital human immunodeficiency virus (HIV) testing in Nigeria. In doing this, the article discusses the importance of health as a human right, explains the relationship between public health and human rights, and the impact of the HIV/acquired immunodeficiency syndrome pandemic in Nigeria. Arguments in favour of mandatory premarital HIV testing are critically examined and specific human rights that may be violated by this policy are discussed. In conclusion, the article argues that this policy will do more harm than good in curbing the spread of the epidemic in Nigeria.Item A human rights response to cervical cancer in Africa(International Journal of Human Rights, 2011-03) Ebenezer, Durojaye; Olufolake, Sholola; Charles, NgwenaThis article examines the prevalence and impacts of human papilomavirus (HPV) transmission among women in Africa. It then examines the relevance of a rights-based approach to health-related challenges such as cervical cancer. In particular, the article argues that ensuring access to comprehensive programmes for the prevalence and impact of cervical cancer in Africa is a human rights issue which demands the urgent attention of African governments. The article then discusses two broad barriers (socio-cultural factors and failure of the health care systems in Africa) to the prevention and treatment of cervical cancer. Thereafter, the article suggests the human rights framework that African governments can adopt to ensure access to the prevention and treatment of cervical cancer. It concludes that African governments would need to do more than what presently exists in the region with regard to improving HPV treatment.Item The ILO Social Protection Floors Recommendation 202, and poverty reduction(Development in Practice, 2015) Ebenezer, DurojayeThis article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant provisions of the Recommendation and how states, particularly those in developing regions, can translate them to a tool for poverty reduction. The article highlights some of the deficiencies of ILO Recommendation 202 and provides some suggestions for ways forward.Item The impact of routine HIV testing on HIV-related stigma and discrimination in Africa(International Journal of Discrimination and the Law, 2011) Ebenezer, DurojayeThis paper discusses different methods of human immunodeficiency virus (HIV) testing, particularly routine and voluntary HIV testing methods, which have been adopted in response to the HIV epidemic in Africa. It then examines the importance of HIV testing as a tool for the prevention and treatment of infected and affected persons. The paper argues that although routine HIV testing is important in scaling up HIV testing in Africa, it may not necessarily address HIV-related stigma as contended by some commentators. Rather, it is argued that routine HIV testing, as practiced in many African countries, may fuel HIV-related stigma and violate individuals’ fundamental rights guaranteed in numerous human rights instruments. In conclusion, the paper cautions that any attempt at adopting routine HIV testing in Africa should be tempered with respect for people’s human rights.Item Impact of the Boko Haram Insurgency on the Child's Right to Education in Nigeria(Potchefstroom Electronic Law Journal, 2016) Aisosa Jennifer, Isokpan; Ebenezer, DurojayeThis paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international law to ensure the realisation of the child's right to education in the face of the insurgency in the North-eastern part of the country. Concrete recommendations are made to the Nigerian government with regard to addressing the impact of the insurgency on the rights of the child.Item International human rights norms and the South African choice on termination of pregnancy act: an argument for vigilance and modernisation(South African Journal on Human Rights, 2019-04) Ebenezer, Durojaye; Lucia Berro, PizzarossaThe right to access abortion services as an integral component of the right to sexual and reproductive health (SRH) has been increasingly recognised in the field of international human rights law. However, much more progress is necessary to realise this right in practice. The work of the United Nations human rights bodies and more recently the African Commission on Human and Peoples’ Rights has been instrumental in signalling the importance of the legal framework and in setting clear guidelines to steer countries into reforming national laws in order to comply with their international obligations. This article explores the extent to which the Choice on Termination of Pregnancy and the amendment Bill submitted by the African Christian Democratic Party comply with International Human Rights Norms. Our analysis reveals that (i) the South African state has fallen short in adopting a legal framework that complies with the International Human Rights Norms and (ii) the proposed bill would constitute a retrogressive measure and its adoption would violate the state’s obligations under international human rights law. In sum, this article makes an argument for the modernisation of the South African abortion law and for careful vigilance of the proposed legislative amendments.Item Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa(Potchefstroom Electronic Law Journal, 2012) Ebenezer, DurojayeAlmost thirty years into the HIV/AIDS pandemic its negative effects (including loss of health, income and a source of living) have continued to threaten lives in most parts of the world, particularly sub-Saharan Africa. Although recent figures tend to show that the spread of the epidemic is declining or stabilising in many countries, the devastating effects of the epidemic have not abated. UNSAID has reported that at the end of 2009 there were about 33 million people living with HIV worldwide. Of this figure, Africa accounts for about 23 million, that is, 68 percent of the people living with HIV. The report indicates that across the world, particularly in the hardest hit regions such as Africa, efforts targeted at reducing the spread of HIV are beginning to yield positive results. According to the report, HIV incidence has fallen by 25 percent between 2001 and 2009 in 33 countries, of which 22 are in sub-Saharan Africa. An estimated 2.6 million people were infected with HIV worldwide in 2009, about one fifth fewer than the 3.1 million people infected in 1999. In sub-Saharan Africa it is estimated that 1.8 million people were newly infected with HIV in 2009, fewer than the 2.2 million people newly infected in 2001.Item Realizing access to sexual health information and services for adolescents through the Protocol to the African Charter on the Rights of Women(Washington and Lee Journal of Civil Rights and Social Justice, 2009) Ebenezer, DurojayeOne of the goals agreed to at the International Conference on Population and Development (ICPD) in Cairo 1994, was to ensure that universal access to sexual and reproductive health services is guaranteed to all, especially women and adolescents, by the year 2015. Several years after this commitment was made, the hope of realizing this goal seems to be diminishing by the day, particularly for young people in developing countries including Africa. Over the years sexual and reproductive health needs of adolescents have continued to receive little attention from governments in developing countries, particularly Africa. This in turn has led to unmet needs of adolescents' sexual health. It is estimated that about 14 million adolescents within the ages of fifteen to nineteen years give birth annually. Many of these births, and a great number of abortions, occur in developing countries, where adolescents lack access to comprehensive sexual health care services.Item The Special Rapporteur on the Rights of Women in Africa (SRRWA) 2007-2015(Gender & Behaviour, 2018-06) Ebenezer, DurojayeThe purpose of this article is to examine the progress recorded so far by this mechanism focusing on the period from 2007-2015. It focuses on the relevance and importance of the office of the SRRWA as a special mechanism of the African Commission. Since the SRRWA is a Commissioner of the African Commission, focus will be placed on some remarkable achievements made by the Commission relating to women’s rights during the stated period. Where necessary, the role of the Special Rapporteur will be highlighted and suggestions for the way forward provided.Item Substantive equality and maternal mortality in Nigeria(Journal of Legal Pluralism and Unofficial Law, 2012) Ebenezer, DurojayeWhen women’s lives are cut short or incapacitated as a result of pregnancy or childbirth, the tragedy cascades. Children lose a parent. Spouses lose a partner. And societies lose productive contributors ... And as long as women remain disadvantaged in their societies, maternal and new-born health will suffer as well. But if we can empower women with the tools to take control of their lives, we can create a more supportive environment for women and children alike.Item Turning paper promises to reality: National Human Rights Institutions and adolescent's sexual and reproductive rights in Africa(Netherlands Quarterly of Human Rights, 2008) Ebenezer, DurojayeThis article examines the history of national human rights institutions (NHRIs) in general including their establishment in Africa. Using examples from three countries - Malawi, Nigeria and South Africa - it critically analyses the promotional and protective mandates of these institutions in Africa and then argues that their experience over the years in promoting human rights in their domains can similarly be useful in advancing adolescents' sexual and reproductive rights. In doing this, NHRIs may face some challenges including poor funding, undue interference from the executive, shortage of personnel and so on. Therefore some of these challenges are discussed and subsequently some suggestions for the way forward.