UWCScholar :: Browsing by Author "Mezmur, Benyam Dawit"

Browsing by Author "Mezmur, Benyam Dawit"

Now showing 1 - 20 of 20

2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
(Brill Academic Publishers, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
South Africa commenced transition to a constitutional democracy with the adoption of an interim constitution in 1994, followed by national elections based, for the ﬁ rst time, on universal adult suffrage. A justiciable Bill of Rights, containing some rights accorded to children, was at the core of our new society based on values of dignity, equality and respect for the freedom and security of the person, in sharp contrast to the violence and legalised discrimination that had characterised the apartheid regime. T e two years that followed the adoption of the Interim Constitution were a period of intense negotiations by a multi-party constitutional assembly to ﬁ nalise the text of a ﬁ nal constitution, in accordance with the principles set out in the Interim Constitution. As has previously been pointed out (Sloth-Nielsen, 1996, p.326), there was a high degree of consensus amongst political parties about the children’s rights to be included, to the extent that four of the six party submissions supported the extension of the children’s rights clause, and indeed a number of additional rights were fashioned and ultimately adopted.
Abortion and the right to life: A case study of South Africa and Germany
(University of the Western Cape, 2016) Zimmer, Martina; Mezmur, Benyam Dawit; Machaya, Musavengana
The issue of abortion and the protection of the right to life have been discussed by many academics, yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate termination of a human pregnancy raises the question, whether or not such an act violates the right to life. Abortion has been legalised in South Africa and Germany. This study explores the area of abortion vis a viz the obligation of South Africa and German under the international and regional human rights instruments to protect the right to life. Notably, the right to life is protected under a plethora of international and regional human rights instruments. At international level, the right to life is protected under Article 3 of the Universal declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights. At regional level of the right to life is protected by Article 2 of the European Convention on Human Rights and Article 4 of the African Charter on Human and Peoples� Rights. To give a broad understanding of the meaning, nature and content of the right to life, this mini-thesis shall critically analyse the words used under the above Articles which protect the right to life. Then the paper will endeavour on its main objective which is to determine whether or not the legalisation of Abortion in South Africa and Germany violates the right to life?
The African children’s charter @ 30: A distinction without a difference?
(Brill, 2020) Mezmur, Benyam Dawit
I would like to start with three recent concerning developments on children’s rights in Africa that the media has highlighted. First, in Somalia the draft Sexual Offences Bill that allowed child marriage has ruffled feathers (UN News, 11 August 2020). In Cameroon, a video of soldiers executing two mothers and their children that went viral in 2018 almost came to a full circle when a military court conducted behind closed doors convicted four soldiers to a mere ten years’ imprisonment (Human Rights Watch, 23 September 2020). In Nigeria too, the sentencing of a 13-year old boy for 10 years, ‘in a Sharia court in Kano State in Northwest Nigeria after he was accused of using foul language toward Allah in an argument with a friend’ (CNN, 16 September 2020) has drawn condemnation from organisations such as unicef
Assessing the independence and credibility of the national prosecuting authority
(University of the Western Cape, 2019) Williams, Juan-Pierre; Mezmur, Benyam Dawit
Members of the National Prosecuting Authority (NPA) are required to be dedicated to the rule of law. Yet, recent and past decision-making has caused instability in the functioning of the NPA. The decision to prosecute or not to prosecute involves the exercise of discretion. The NPAs use of this discretion has been called into question on numerous occasions which has resulted in the erosion of its independence and credibility. There are constitutional and legislative provisions in place to guide prosecutors in the decision-making process which allows for a measure of accountability. However, the link between prosecutorial independence and accountability for decision-making is not clear when looking at recent and past decisions by the National Directors of Public Prosecutions. Therefore, an evaluation of the instability in the office of the National Director of Public Prosecutions during the period of 1998-2018 will be discussed. The research discusses the unwarranted intrusion on prosecutorial decision-making. Furthermore, external interfering has resulted in the loss of public confidence in the functioning of the NPA. The administrative duties of prosecutors are guided by constitutional and legislative procedures. Hence, the research will identify whether these procedures are efficient for the effective administration of the NPA. Key to the already mentioned will be providing recommendations on how to create stability in an institution that has been surrounded by instability for the past 20 years.
Assessing the right to physical access to justice, for persons with disabilities
(University of the Western Cape, 2017) Roomaney, Ayesha; Mezmur, Benyam Dawit
Access to justice for persons with disabilities is specifically safeguarded in a number of international conventions, standards and recommendations. The Rights of Persons with Disabilities to access to justice is explicitly referenced in Article 13 of the Convention on the Rights of Persons with Disabilities. Access to justice was first formally referenced in the Universal Declaration of Human Rights(UDHR), which is a formative human rights document, the term access to justice was not however specifically used to label the right therein. The International Covenant on Civil and Political Rights (ICCPR) also sets forth this right in Article 14, which states that: "all persons should be equal before the courts and tribunals." However in reality persons with disabilities, often lack access to justice and equal protection of the law.
The convention on the rights of the child, migration, and Australia: Repositioning the convention from being a ‘wish list’ to a ‘to do list’ the 2018 Australian human rights institute annual lecture
(Routledge, 2019) Mezmur, Benyam Dawit
I was not terribly sure how many people I could reasonably expect for this lecture, especially since the former Prime Minister, the Hon. Tony Abbort, has said that Australians are sick of being lectured to by the United Nations ' (Cox 2015). Thank for your presence and for the opportunity. A few disclaimers are in order. first, I am a migrant. Second, this lecture does not intend to engage in detail with the laws, processes, structures, and so on of Australia but rather offers an outsider's view of the obligations in the Convention on the Rights of the Child(CRC or the Convention).
“Don’t try this at home?”: Reasonable or moderate chastisement, and the rights of the child in South Africa with YG v S in perspective
(SAFLII, 2018) Mezmur, Benyam Dawit
In October 2017, in YG v The State, the High Court in Gauteng handed down a judgment that declared the common-law defence of “reasonable or moderate chastisement” unconstitutional. This article, while not a case comment, focuses on this case, and discusses some of the arguments highlighted by the defendant as well as one of the amici curiae in support of the reasonable chastisement defence. It also assesses the extent to which those arguments carry weight when assessed against the international human rights framework by which South Africa is bound. The recommendations that South Africa received from various human rights treaty bodies in relation to the prohibition of corporal punishment in the home setting takes centre stage. The article also draws on examples from foreign law, and offers an appraisal of a non-exhaustive list of substantive rights, namely, the best interests of the child, the equal protection of the law, as well as the right to freedom of religion or belief, in the context of corporal punishment in the home setting. A conclusion sums up the discussions, by underscoring that a judgment in the Constitutional Court that declares the common-law defence of reasonable chastisement as unconstitutional could serve as the touchstone for the possible expansion of the effective protection of the rights of children against all forms of violence in South Africa.
A dutiful child: the implications of Article 31 of the African Children's Charter
(Cambridge University Press, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and welfare of children expressly imposes duties on them. After setting the platform for discussion by highlighting international experiences and outlining the African concept of human rights, this article critically examines and attempts to clarify the precise meaning, content, conditions of compliance and application of those duties for children- By way of conclusion, it suggests that article 31 represents a valuable addition to the international human rights agenda, and that a purposeful interpretation of its constituent parts reveals that children should be required to play a role at family, community, national and continental levels, in accordance with their age and maturity as they grow up, as part and parcel of their heritage, empowerment and developing citizenship.
An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments
(Juta Law, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
During its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee during this session. While little attention is paid to the proceedings of the 11th session, partly as a result of the fact that the session was short-lived (only three days, composed of open and closed sessions), the procedures for the Pre-Session, as well as the substance of the four reports that were discussed during the Pre-Session, occupy centre stage. In conclusion, it is argued that the whole exercise of the Pre-Session was an ice-breaker, and represents progress in its own right. In looking forward, the importance for the African Children's Committee to draw the necessary lessons from the four state party reports and to chart ways of strengthening the reporting regime is underscored. A number of tentative recommendations are made in this regard.
(Illicit) transfer by De Gree
(University of Western Cape, 2007) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
The decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to the facts both before the appeal, and the ongoing publicity which occurred in diverse press and radio reports after judgment was handed down. This matter is reportedly further being considered for an appeal to the Constitutional Court. This, too, indicates both the public concern with, and vested interests in, the outcome of what was widely agreed, ultimately, to be an international adoption.
Inter-country adoption from a Southern and Eastern African perspective
(Washington & Lee Law School, Virginia, 2010) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit; Van Heerden, Belinda
This paper reviews recent developments pertinent to inter-country adoption in Southern and Eastern Africa. In particular, it focuses on the tripartite roles of governments, the judiciary and the international community, including the international media. It argues that a concerted effort towards awareness-raising is required in order to harmonise the respective roles of the above players, and in order to better regulate the practice.
Interception of communication by South African government agencies vis-a-vis the right to privacy: The law and the practice in light of the South African Constitution and the International Convention on Civil and Political Rights (ICCPR)
(University of the Western Cape, 2017) Fesehaye, Natsinet Tesfaye; Mezmur, Benyam Dawit
The right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, it is linked to other basic rights, including the rights to freedom of expression and of association.1 The right to privacy is contained and recognised in almost every constitutional bill of rights and major international and regional conventions.2 It is also guaranteed expressly in the Universal Declaration of Human Rights,3 the European Convention on Human Rights,4 the American Convention on Human Rights5 and a number of countries' constitutions.6 The Convention on the Right to the Child recognises the right to privacy of the child.7
Intercountry adoption in an African context: a legal perspective
(University of the Western Cape, 2009) Mezmur, Benyam Dawit; Sloth-Nielsen, Julia; NULL
Although it may seem ironic that a policy affecting so few children should engage so much political and social attention, the symbolic significance of intercountry adoption far outweighs its practical import. This fact is partly demonstrated by the polarised views on intercountry adoption, and opinions continue to be divided over the necessity and propriety of the practice. At present, there can be few who would quibble with the fact that African children are attracting an increasing attention from prospective adoptive parents living in other parts of the world. Celebrity adoptions (the adoptions of Angelina Jolie and Madonna) have contributed to this increased interest in African children. While intercountry adoption from African countries is still quite modest compared to adoptions from the top four countries of origin, there are concrete reasons to believe that interest in adoption from African countries will continue to increase. Thus, while Africa is “the new frontier” for intercountry adoption - it is highly questionable if the continent is equipped to provide its children with the necessary safeguards in respect of the practice. A central thesis of this study was to explore how the best interests of the African child can be upheld in intercountry adoption. In connection with this thesis, a number of related research questions were raised, such as: does the African context present any peculiar situations that are relevant to intercountry adoption? Does the African Children’s Charter (ACRWC) add any value to the provisions of the CRC in addressing African realities relevant for intercountry adoption? What are some of the challenges, lessons, and opportunities for the regulation of intercountry adoption on the African continent? Five themes are considered in dedicated Chapters of this study. They are the African context; the international legal framework; adoptability; the principle of subsidiarity; and illicit activities in respect of intercountry adoption. It is argued that context matters, and there are historical, cultural, social, religious, and legal contexts that are relevant for intercountry adoption in Africa. Since human rights issues are at the core of the current debate over intercountry adoption, international children’s rights law is also very crucial for the discussion. Four countries (Ethiopia, Kenya, Malawi and South Africa) are used in this study in supplementary fashion to demonstrate African countries’ experiences. The study identifies the role of various stakeholders for the promotion and protection of children’s rights in Africa in respect of intercountry adoption. It is concluded that as a predominantly sending continent, Africa’s views on intercountry adoption issues should be seriously considered and taken into account, if a socially and legally sound, and child-centred, intercountry adoption regime is to be formed on the continent.
Invisible children: the rights of domestic child workers in South Africa
(University of the Western Cape, 2023) Makosana, Isobel Nokuzola Zola; Mezmur, Benyam Dawit
This research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment in domestic work, which can be considered a worst form of child labour in third party households in South Africa. This type of work deprives these children of their rights to education, and family life, subjecting them, amongst others, to social isolation and long working ours. Children in these situations are not easy to identify as they are above the compulsory education age, as defined by the South African Schools Act of 1996. However, they are still considered to be children in terms of the Children’s Act of 2005 as well as the Constitution (2006) which defines a child as any person below the age of 18. The Children’s Act of 2005 also addresses child labour, observing it to have detrimental effects on children and their development, thus identifying all children as needing care and protection. Considering this aspect of the Children’s Act of 2005, this research paper scrutinises the role and obligations of the state regarding the protection of children who perform domestic work in third party households. Moreover, the study assesses the obligations of the South African government as a signatory of the UNs’ regional and domestic norms which protect the rights of children. The role of the state as the primary custodian for the advancement and protection of the rights of children is scrutinised particularly in terms of legislation and administration of related policies in pursuance of creating and promoting a child rights-based culture in South Africa. In addition, the ILO’s standards for decent employment for all and those specific to the employment of children are brought to bear in this research paper. The significant role of civil society organisations, the family, the community, and religious sector are brought to bear in terms of their assisting the state to meet its constitutional and global obligations, responsibilities, and commitments with regards to child domestic workers.
Legal responses to the right to nationality and prevention of statelessness among children in Africa
(University of the Western Cape, 2022) Assefa, Ayalew Getachew; Mezmur, Benyam Dawit
The challenge of statelessness among children is a persistent problem that requires a wide range of measures. Already constituting a societal group in a vulnerable situation, children born into situations of statelessness often find it difficult to access essential services they are entitled to and to meet their basic developmental needs. Studies reveal that statelessness affects several million worldwide, among whom the most vulnerable are children, representing 60 per cent of the global stateless population. Although international and regional laws protect every person’s right to a nationality, statelessness among children persists as a human rights challenge globally as well as in Africa.
Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2010) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first concluding observations. The continued engagement of the Civil Society Organisations Forum with the African Children's Committee offers an example of positive progress towards supporting the implementation of the African Children's Charter. The development of a relatively well thought-out strategic plan for the African Children's Committee's work for the period 2010 to 2014 (with a better level of participation from stakeholders) also offers an advance in the work of the Committee. Despite these, there remains some room for improvement in order to allow the African Committee to achieve its mandate of the promotion and protection of children's rights in Africa.
Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2009) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the African Committee is now beginning. With the consideration of the first country reports to the African Committee, the benefits of a regionally-specific child rights treaty has begun to become apparent. The recent establishment of a formal grouping of civil society organisations and individuals dedicated to furthering the regional influence of the African Children's Charter (first mooted in 2004!) comes at an opportune time. Despite some of the recurring shortcomings in the work of the Committee, it is hoped that the development of a strategic plan for the Committee's work for the period 2010 to 2014 will lay some of these concerns to rest.
The right to alternative care of children with disabilities in Ethiopia and South Africa
(University of the Western Cape, 2020) Ande, Meseret Kifle; Mezmur, Benyam Dawit
The importance of a nurturing environment on early child development and the central role that a family environment plays to this end are widely recognised. However, most children with disabilities lack family life and parental care and often find themselves disproportionately represented in the category of children that need alternative care arrangements. The limited access to family-based alternative care options for children with disabilities deprived of their family environment is the primary concern of this study. Studies have shown excessive dependence on institutions as a means to provide care for children with disabilities deprived of their family environment, despite the overwhelming evidence on the negative effects of placement in institutions on the development and well-being of children. This contradicts with a number of rights articulated in international and regional standards dealing with the alternative care of children in general, and children with disabilities in particular. This study seeks to examine the extent to which the rights of children with disabilities are respected in the context of alternative care in two jurisdictions in Africa – Ethiopia and South Africa. The two countries are State Parties to the applicable international and regional instruments concerning the alternative care of children with disabilities. These standards include the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the African Charter on the Rights and Welfare of the Child. The UN Guidelines for the Alternative Care of Children and its principles of ‘necessity’ and ‘suitability’ also offer some guidance.
Surveying the research landscape to promote children's legal rights in an African context
(Juta Law, 2007) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote good practice and promising solutions. It surveys an array of possibilities for research to promote the implementation of children's rights in an African context. A number of theme areas are detailed, spanning from general legal reform processes and children's participation therein, to matters of social and economic policy in so far as they feed into the implementation and advancement of children's socio-economic rights. The article incorporates information from a number of different African jurisdictions, comparing and contrasting efforts at child reform in respect of children's rights.
Win some, lose some: the 10th ordinary session of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit
The African Committee of Experts on the Rights and Welfare of the Child, the monitoring body of the African Charter on the Rights and Welfare of the Child, held its 10th ordinary session in October 2007. This discussion highlights the inertia of the Committee, exemplified by its failure to examine any of the state reports submitted to it. Some cause for optimism may be derived from the appointment of a permanent Secretary to the Committee.

Browsing by Author "Mezmur, Benyam Dawit"

Results Per Page

Sort Options