Ebenezer Durojaye

This book examines the socio-economic rights challenges of refugees and asylum seekers in Africa. It seeks to fill a major gap in literature by providing a nuanced discussion of the barriers to the realisation of the socio-economic rights of refugees and asylum seekers in Africa. It equally aims to provide some concrete recommendations to African g...

Refugees and asylum seekers continue to face serious challenges regarding their human rights. With an astronomical and increasing number of refugees and asylum seekers, developing countries host up to 85 per cent of this number. This notwithstanding, the refugees’ realisation of their socio-economic rights is grossly undermined by many host countri...

This chapter questions the relevance of addressing the socio-economic rights of refugees and asylum seekers in Africa. It sets the tone in the introduction, which is followed by sub-arguments to (in)validate the foregoing notion. First, there is an exposition of the crucial notions that evaluate the relevance of addressing these rights. Second, an...

Self-managed abortion holds particular promise for revolutionizing people's access to quality reproductive care in Africa, where the burden of abortion-related mortality is the highest globally and where abortion remains criminalized, in violation of various internationally and regionally recognized human rights. Increasingly safe and effective, se...

The African child is very vulnerable to the impacts of climate change and food insecurity. Following an introduction to the working concepts of climate change and food security, this chapter sets the tone by evaluating the normative context of the African Charter on the Rights and Welfare of the Child regarding climate change and food security. Thi...

This volume makes an important contribution in two ways to the wider scholarly project of understanding how the pandemic and government responses affected the foundations of constitutional government in democratic societies. In the first place, it offers a broad perspective on key international trends in the first year of the pandemic, based on our...

South Africa announced a national lockdown on 17 March 2020 following the outbreak of Covid-19. Its approach to the pandemic has been based on a patterned model in which restrictions imposed in terms of the Disaster Management Act are categorised in degrees of intensity ranging from level 1 (least intense) to level 5 (most intense). In the period b...

This chapter examines the principles relating to the derogation and limitation of rights during public emergencies. It discusses the position under international law and the United Nation human rights system, and thereafter under regional systems, namely the Inter-American, European and African systems. In the course of this, this chapter focuses o...

South Africa announced a national lockdown on 17 March 2020 following the outbreak of Covid-19. Its approach to the pandemic has been based on a patterned model in which restrictions imposed in terms of the Disaster Management Act are categorised in degrees of intensity ranging from level 1 (least intense) to level 5 (most intense). In the period b...

This study aims to document the role, functions, challenges and regulation of paralegals in Ghana, Nigeria, Zambia, Tanzania, Mozambique and Uganda. It documents good practices that can be replicated in other African countries. At its core, the study evaluates the legal recognition of paralegals or community-based paralegals (CBPs) in the selected...

Several international and regional human rights instruments guarantee the right to health of individuals including persons with disabilities and marginalised groups. Emerging reports from international organisations and the Committee on the Rights of Persons with Disabilities reiterate the obligations of state parties to ensure the enjoyment of hea...

In many African communities, gender inequality remains the norm as women continue to live at the periphery of society. Women in Africa have continued to bear the greatest burden of sexual and reproductive ill-health. Women's access to reproductive justice is often restricted by the systems, institutions and legal frameworks that (should) facilitate...

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, t...

Globalisation has played a key role in the fight and restrictions on Covid-19, with a move from the physical to the digital engagement of various matters. In the same vein, a lot of literature has been stated on the effects of Covid-19 on civil and political rights as well, especially during the first, second and third waves. There have indeed been...

This book explores recent developments, constraints and opportunities relating to the advancement of sexual and reproductive health and rights in Africa. Despite many positive developments in relation to sexual and reproductive health in recent years, many Africans still encounter challenges, for instance in poor maternity services, living with HI...

This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women...

This article evaluates the approach by the South African Courts concerning the constitutionality of the declaration of national disaster and the Covid-19 regulations. It sets the tone by evaluating the approach in Kenya in contrast with the South Africa position. A look at the rising tensions between human rights protection and public law informs t...

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 contributi...

The Socio-economic Rights Project (SERP) at the Dullah Omar Institute recently released a report on the Socio-economic Rights Impact of COVID-19 in Selected Informal Settlements in Cape Town. The report assesses the legality of measures adopted by the government to curtail COVID-19. It also looks at the implications of the lockdown on the socio-eco...

The United Nations High-level Political Forum on Sustainable Development is an annual event where countries take stock of their progress towards the achievement of the Sustainable Development Goals. This report evaluates the status of the Voluntary National Reviews of selected countries in Africa and the extent to which they show progress in achiev...

The chapters in this book would seem to resonate with the approach of the African Commission on Human and Peoples’ Rights to promote and protect human and peoples’ rights as well as addressing poverty over the years. Apart from adopting a multi-disciplinary approach to addressing poverty, this book places human rights principles at its core. Elim...

Discrimination and stigma relating to persons with albinism remain the norm in many African countries. There are documented reports of how persons with albinism have been subjected to gross human-rights violations owing to their colour. While attention has been given to the killings of persons with albinism worldwide, little attention has been give...

Education empowers individuals to develop the skills needed for economic success in order to contribute to nation-building and reconciliation. Following South Africa's ratification of the International Covenant on Economic, Social and Cultural Rights, there were mixed reactions on account of the much-anticipated ratification, on the one hand, and t...

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 marri...

The 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 Afri...

This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment...

In this chapter, we examine how access to justice in terms of a procedural requirement envisaged by law can ensure the enforcement of the right to development, particularly in respect of the vulnerable and marginalised groups in Africa. Africa grapples with various forms of socio-economic challenges, including endemic conflicts that over the decade...

The 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 a...

The 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 mortalit...

In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the position of disadvantaged and vulnerable groups in societies. One of the over-arching goals of the SDGs is to ensure that no on...

The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the adoption of the Convention would seem to unlock the treaty-making powers of WHO; the impact of the Convention in the global heal...

This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in the Government of Namibia v LM and argues that the court fails to consider involuntary sterilis...

The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach to interpreting section 42 of the Constitution. Rather, the courts have tended to adopt the formal equality approach to interp...

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...

This article examines the role of the African Commission on Human and Peoples' Rights (African Commission) in establishing norms and standards on HIV and human rights that will assist African governments in addressing human rights abuses in the context of HIV as well as in combating the spread of the epidemic. The article argues that through the pr...

This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child’s right to education. The impact of armed conflict on the child’s right to education is discussed in the coIntext of the Boko Haram insurgency in Nigeria. The article concludes by assessing how the Nigerian government, in line with its obligations under interna...

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...

The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death penalty for women but retained the same for men. Given Zimbabwe’s commitment to gender equality and respect for human dignity, t...

This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major arguments to support the reintroduction of virginity testing, namely, that it helps in reducing the spread of HIV and in preser...

This article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some cases that have shed light on the conflict between the exercise of the right to religion and other rights, particularly the right...

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...

This 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 r...

Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the v...

The present article examines the contents and importance of the General Comments adopted by the African Commission on Human and Peoples’ Rights on Article 14 (1) (d) and (e) of the Protocol to the African Charter on the Rights of Women in Africa as a tool for advancing women’s rights in the context of HIV. Given that discriminatory practices in all...

Strengthening the protection of sexual and reproductive health and rights in the African region through human rights uses rights-based frameworks to address some of the serious sexual and reproductive health challenges that the African region is currently facing. More importantly, the book provides insightful human rights approaches on how these ch...

‘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...

Poverty is pervasive across the world not because the world lacks the technology or resources to eradicate it, but because governments, particularly those in developing countries, have not exhibited the political will to combat poverty. It is important to point out that poverty is not an inevitable end to be blamed on the poor, but rather a matter...

The purpose of this article is to assess the decision of the Nigerian High Court in the Ahamefule case. While the case would seem to be a victory for people living with HIV in the country, it left some important questions unanswered. First, the article gives the facts of the case and the Court’s decision. It then questions the reasoning of the Cour...

This article examines the right to health guaranteed under the African Human Rights system and the approaches the African Commission has adopted in interpreting the content of this right. The article starts by examining in detail the provisions of the right to health under international human rights law before discussing the provisions of the Afric...

Oil is a major source of income for Nigeria and it is the mainstay of the country's economy. Nigeria's intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of 14.71% of the country's total export between 2006 and 20111; and contributed about 80% of budgetary revenues that all tiers of gover...

This research report analyses perceptions and practice around housing demand and allocation in South Africa, looking at the policies and processes operating at national, provincial and local level. Despite the South African government's construction of state-subsidised houses since 1994, there remains a housing crisis in the country, which has poli...

Recently a Kenyan High court in P.A.O and others v Attorney General and another (hereinafter P.A.O) handed down a judgment in relation to sections 2, 32, and 34 of the Anti-Counterfeit Act 13 of 2008 vis-à-vis Kenya’s obligations under international human rights law and the Constitution. For many Africans, access to medicines has remained a great c...

This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria for gender equality. It argues that the plural legal system in the country, which encourages the application of statutory law side...

This article examines the relevance of substantive equality in addressing maternal deaths in Nigeria. The article argues that aside from medical causes of deaths during pregnancy or childbirth, socio-cultural factors such as low status of women and lack of respect for their fundamental rights, often aggravate maternal deaths in Nigeria. While mater...

This article examines the relevance of the concept of equality in improving access to HIV treatment for vulnerable and marginalised groups in Africa. The article argues that though modest achievements have been made in expanding access to HIV treatment for those in need in Africa, this expansion has concentrated on the general population with littl...

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...

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...

This article examines threats to adolescents’ lives and health, which may arise due to lack of access to contraceptive information and services. It then considers the health benefits of ensuring access to contraceptive information and services for adolescents in Africa. More importantly, the article discusses certain barriers to access to contracep...

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...

This article examines the factors limiting access to comprehensive sexual health information and services for adolescents in Africa. It then examines the relevance of human rights provisions contained in the African Charter on the Rights and Welfare of the Child (African Children’s Charter), the African Charter on Human and Peoples’ Rights (African...

This paper examines the meaning and relevance of gender budgeting as an important tool to advancing women's health in Africa. The paper focuses mainly on how the adoption of gender budgeting by African governments can be useful in addressing the high maternal mortality rates in the region. Drawing experiences from countries where gender budgeting h...

This chapter examines the prevalence of corruption in Africa and its impact on human security, drawing on experiences of countries such as Kenya, Zimbabwe, and Nigeria as case studies. It considers strategies (particularly legislative frameworks) employed to combat corruption in Africa and the weaknesses of such strategies. The chapter then provide...

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 sh...

This 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 bet...

This article examines the importance of microbicides in preventing the spread of HIV/AIDS to women and advancing their sexual and reproductive health. It similarly, examines how ensuring women’s access to the use of microbicides can provide a veritable tool for empowering them and enabling them to exercise their reproductive autonomy and take charg...

This paper examines the relevance of using human rights indicators to monitor a state's obligations as regards the right to health including sexual and reproductive rights in Africa. Using some examples of sexual and reproductive rights issues such as access to HIV treatment, maternal health services and access to sexual health services for adolesc...

This 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 no...

This article examines the meaning of sex work and its types as practiced in Nigeria. It then considers the diverging views often expressed by feminist scholars with regard to sex work. It similarly examines the various approaches such as criminalisation, legalisation and decriminalisation, which have been adopted to sex work worldwide and in partic...

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 yea...

This article examines the importance of compulsory licensing – using a human rights lens – to facilitate access to life-saving medications for Africans and its use after the historic decision at Doha in 2001 (popularly called ‘Doha Declaration’). It further considers the August 2003 Decision of the Council for TRIPS and the subsequent December 2005...

A new national policy on HIV/AIDS in Nigeria prohibits mandatory HIV/AIDS testing and addresses a number of other human rights and ethical issues. Activists welcome the new policy, but they point out that it is not legally enforceable. What is needed, they say, is for the government to introduce anti-discrimination legislation.

A 39-year-old woman who was denied treatment at a hospital in Lagos simply because she is HIV-positive is fighting back through the courts. The Center for the Right to Health has filed a lawsuit on her behalf, seeking damages as well as an injection to prevent further discrimination against people with HIV/AIDS who seek treatment.