Socio-Economic Rights Project (SERP)

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https://hdl.handle.net/10566/1375

The Socio-Economic Rights Project, which focuses on the realization of the socio-economic rights of groups and communities living in poverty.

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Now showing 1 - 14 of 14

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, Durojaye
The 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.
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.
Compulsory licensing and access to medicines in post Doha era: What hope for Africa?
(Netherlands International Law Review, 2008) Ebenezer, Durojaye
The 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.
The Ebola Virus and Human Rights Concerns in Africa
(African Journal of Reproductive Health, 2015) Ebenezer, Durojaye; Gladys, Mirugi-Mukundi
In 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.
Fair Trial Rights and Their Relation to the Death Penalty in Africa
(International and Comparative Law Quarterly, 2006) Chenwi, Lilian
A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, must be a means by which legal rights are asserted and breaches remedied through the process of a fair trial in court, as the law is useless without effective remedies. The fairness of the legal process has a particular significance in criminal cases, as it protects against human rights abuses. Hence, constitutional due process and elementary justice require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.
The Human Rights Council’s Resolution on Maternal Mortality: Better late than never
(African Human Rights Law Journal, 2010) Ebenezer, Durojaye
The 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.
A human rights response to cervical cancer in Africa
(International Journal of Human Rights, 2011-03) Ebenezer, Durojaye; Olufolake, Sholola; Charles, Ngwena
This 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.
The impact of routine HIV testing on HIV-related stigma and discrimination in Africa
(International Journal of Discrimination and the Law, 2011) Ebenezer, Durojaye
This 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.
The implications of corruption for the enjoyment of the right to health in Africa
(ESR Review : Economic and Social Rights in South Africa, 2012) Durojaye, Ebeenzer
Corruption remains one of the biggest obstacles to development in many African countries. While there is no universally agreed definition of corruption, attempts have been made by scholars to explain what may constitute it. According to Bayley (1966), it can be defined as the 'misuse of authority as a result of consideration of personal gain, which need not be monetary'. Friedrich (1990) puts it thus: 'Corruption may also arise where an individual who is granted power by society to perform certain public functions, undertakes, as a result of personal gain or reward, actions that may likely affect negatively the welfare of the society or even injure the public interest' (Fredrich 1990).
Initiating constructive debate: a critical reflection on the death penalty in Africa
(Comparative and International Law Journal of Southern Africa, 2006) Chenwi, Lilian
For the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on the death penalty in Africa, urging the commission to take a clear position on the subject. She recommended that in view of the international and human rights developments and trends, it is necessary for the continent to initiate constructive debate on the question of the death penalty in Africa. It is against this background that this article is written, with the aim of showing that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty in Africa is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.
A path to realising economic, social and cultural rights in Africa? A critique of the New Partnership for Africa's Development
(African Human Rights Law Journal, 2004) Mbazira, Christopher
he article first sets out the legal framework for the protection of socio-economic and cultural rights in Africa. Some of the reasons that have been advanced for the non-realisation of socio-economic rights as compared to civil and political rights are discussed. Thereafter the article highlights the background of New Partnership for Africa's Development (NEPAD) and gives a brief description of its objectives and framework. It proceeds to look at the institutional set-up of NEPAD, including the operation of the African Peer Review Mechanism as an implementation strategy of NEPAD's objectives. The article examines how NEPAD intends to address the issue of socioeconomic rights through, for instance, ensuring an end to conflicts, democracy and good governance, and improvement of infrastructure and education. The article looks at NEPAD's commitment to ensure improved health and protection of the environment. It discusses NEPAD's approach to the advancement of culture and makes a critique of NEPAD's human rights component. NEPAD is Africa's hope for sustainable development and is a programme that commits African leaders to a number of positive undertakings, but NEPAD needs to be integrated with the African human rights system.
Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa
(Potchefstroom Electronic Law Journal, 2012) Ebenezer, Durojaye
Almost 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.
Substantive equality and maternal mortality in Nigeria
(Journal of Legal Pluralism and Unofficial Law, 2012) Ebenezer, Durojaye
When 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.
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, Durojaye
This 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.

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