Department of Public Law and Jurisprudence
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Item Modern African childhoods: does Law matter?(Oxford University Press, 2012) Sloth-Nielsen, JuliaINTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law matter? The question is all the more pertinent in African contexts, due to the pervasive poverty, prevalence of practices harmful to children, and perceived inability of weak states to put legislative intentions into effect.Item Origins, relevance and prospects of federalism and decentralization in the horn of Africa(2022) Fessha, Yonatan T.; Dessalegn, BezaThe Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and intra-state conflicts have dominated the region. In a bid to check intra-state conflicts and accommodate ethno-national and religious diversity, federal or federal like models of governance have been proposed, discussed, and, in some cases, adopted across the region. Focusing on Ethiopia, Somalia, Sudan and South Sudan, this article discusses the origin, reasons, and prospects of the federal idea in the Horn. The article argues that the major rationale for the federal idea in the Horn is the containment of communal tensions. Yet, the track record of federalism in alleviating communal tensions has not been encouraging. This is partly related to design issues that have undermined the efforts to use federalism to address communal tensions. More importantly, however, the commitment to genuinely implement the federal idea has largely been absent.Item Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled(Juta Law, 2011) Sloth-Nielsen, JuliaINTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment Act. It draws inspiration from two prior reporting obligations related to the reporting child abuse and neglect: the first encapsulated in the Child Care Act 74 of 1983, now repealed in toto by the Children's Act 38 of 2005 (as amended); and the second provided for in s 4 of the Prevention of Family Violence Act 133 of 1993. The latter section, which was not repealed by the coming into operation of the Domestic Violence Act 116 of 1998, has also been replaced by the coming into operation of the Domestic Violence Act 116 of 1998, has also been replaced with the Children's Act 38 of 2005, which came fully into force on 1 April 2010.Item 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, JuliaThe 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.