Women Against Violence and Exploitation in Society (WAVES) and the Child Welfare Society Sierra Leone v. Sierra Leone

2021 ◽  
Vol 194 ◽  
pp. 66-91
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sierra Leone ◽  
Public Interest ◽  
West African ◽  
Economic Community ◽  
Content Type ◽  
Governmental Organization ◽  
Rights Of The Child ◽  
African Charter

66Human rights — Treaties — Right to education — Right to equality and non-discrimination — Ban in Sierra Leone preventing pregnant girls from accessing mainstream schools — Whether violating international human rights obligations applicable to Sierra Leone — African Charter on Human and Peoples’ Rights, 1981 — African Charter on the Rights and Welfare of the Child, 1990 — Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2003 — United Nations Educational, Scientific and Cultural Organization’s Convention Against Discrimination in Education, 1960 — United Nations Convention on the Rights of the Child, 1989 — Convention on the Elimination of All Forms of Discrimination Against Women, 1979 — International Covenant on Economic, Social and Cultural Rights, 1966 — Universal Declaration of Human Rights 1948 — Revised Treaty of the Economic Community of West African States, 1993International tribunals — Jurisdiction — Locus standi — Whether non-governmental organization having capacity to sue on behalf of pregnant adolescent schoolgirls — Public interest — Whether criteria for public interest litigation met — Court of Justice of the Economic Community of West African StatesState responsibility — Attribution — Acts of public officials — Minister of Education in Sierra Leone issuing statement — Statement preventing pregnant girls from accessing mainstream schools — Whether statement attributable to Sierra Leone — Whether violating Sierra Leone’s international legal obligations

Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?

2012 ◽  
Vol 1 (2) ◽  
pp. 312-337 ◽  
Author(s):  
Amos O. Enabulele ◽  
Anthony Osaro Ewere
Keyword(s):  
Human Rights ◽  
Federal Republic ◽  
Basic Education ◽  
West African ◽  
Economic Community ◽  
Economic Rights ◽  
Community Court ◽  
Court Of Justice ◽  
Education Commission ◽  
African Charter

This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.

Federation of African Journalists, Camara, Jaw Manneh, Jobe and Fatty v. Republic of Gambia

2021 ◽  
Vol 194 ◽  
pp. 29-65
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Public Information ◽  
West African ◽  
Political Rights ◽  
Economic Community ◽  
Community Court ◽  
Content Type ◽  
Court Of Justice ◽  
Human Rights Treaties

29Human rights — Freedom of expression — Free speech — Journalists — Restriction of access to public information — Criminalization of defamation, sedition and insult — Torture and inhuman or degrading treatment — Unlawful and arbitrary detention — Living in exile — Whether Gambian laws violating rights of journalistsTreaties — Human rights treaties — Treaty obligations — Obligations under regional and international human rights treaties — Compliance of arrest and detention with treaty obligations — Compliance of Gambia’s libel, sedition and false news publication laws with its treaty obligations — African Charter on Human and Peoples’ Rights, 1981 — Revised Treaty of the Economic Community of West African States, 1993 — International Covenant on Civil and Political Rights, 1966 — Universal Declaration of Human Rights, 1948International tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States — Non-applicability of exhaustion of domestic remedies — Statute of limitations — Interpretation of Article 9(3) Supplementary Protocol, 2005 — Whether statute of limitations applicable — Whether Community Court of Justice decisions affirming statutory limitation to be overruled — Whether Court having jurisdiction

Association pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali

2021 ◽  
Vol 194 ◽  
pp. 1-28
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Customary Law ◽  
International Human Rights ◽  
Content Type ◽  
Rights Of The Child ◽  
The Family ◽  
Women And Children ◽  
International Human ◽  
African Charter

1Human rights — Rights of women — Rights of the child — Religious and customary law — Minimum age for marriage of girls — Right to consent to marriage — Right to inheritance for women and children born out of wedlock — Right to non-discrimination for women and children — States’ obligation to eliminate traditional and cultural practices harmful to rights of women and children — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent StateRelationship of international law and municipal law — Treaties — Human rights treaties — Articles 2(2), 6(a) and (b), and 21(2) of Protocol to African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2003 — Articles 1(3), 2, 3, 4 and 21 of African Charter on the Rights and Welfare of the Child, 1990 — Articles 5(a), 16(1) (a) and (b) of Convention on the Elimination of All Forms of Discrimination against Women, 1979 — Malian law — Religious and customary law — Islamic law — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent StateInternational tribunals — Jurisdiction — African Court on Human and Peoples’ Rights — Material jurisdiction — Whether case relating to violation of human rights under African Charter on Human and Peoples’ Rights, 1981 — Admissibility of application — Exhaustion of local remedies — Whether application filed within reasonable time — Whether Court having jurisdiction to hear case

Zongo v. Burkina Faso, Judgment & Judgment on Reparations (Afr. Ct. H.P.R.)

2017 ◽  
Vol 56 (6) ◽  
pp. 1091-1143
Author(s):  
Oliver Windridge
Keyword(s):  
Human Rights ◽  
Burkina Faso ◽  
West African ◽  
Human Rights Law ◽  
Economic Community ◽  
Article 9 ◽  
African Charter ◽  
Political Scandals

Does human rights law require countries to investigate serious crimes and bring those responsible to justice? And if so, how far must a country go to satisfy this requirement? This case concerns the murder of Norbert Zongo, an investigative journalist and director of the weekly Burkinabe magazine L'Indpéndenant, his younger brother Ernest Zongo, and two work companions. All four were killed in Burkina Faso on December 13, 1998, in suspicious circumstances. The case was brought by the families of Zongo and his colleagues (Individual Applicants) and the NGO Burkinabé Human and Peoples' Rights Movement (NGO Applicant, together the Applicants). The Applicants alleged that the murders of Zongo and his colleagues were not a random act of violence, but were instead related to their investigations into various political scandals, including those operating at the very highest levels of Burkinabe government. The Applicants claimed that Burkina Faso officials had not only failed to properly investigate the case, but also deliberately stymied the investigation, leading to a failure to bring those responsible for the deaths to justice. The judgment, rendered on March 28, 2014, is only the second judgment to be rendered on the merits by the African Court on Human and Peoples' Rights (the Court). The Court ruled unanimously that Burkina Faso had violated Article 1 and Article 7 of the African Charter on Human and Peoples' Rights. By a majority of 5 to 4, the Court also found that Burkina Faso had violated Article 9(2) of the African Charter on Human and Peoples' Rights and Article 66(2)(c) of the Revised Economic Community of West African States (ECOWAS) Treaty. Following the judgment on the merits, the Court rendered its reparations judgment, also included here. This is only the second reparations judgment rendered by the Court, and the first to award reparations to the victims.

ON and DP v. Russian Federation

2021 ◽  
Vol 194 ◽  
pp. 463-486
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Russian Federation ◽  
Gender Stereotypes ◽  
Case Law ◽  
Due Diligence ◽  
Lesbian Women ◽  
Content Type ◽  
Rule Application ◽  
United Nations Convention

463Human rights — Women’s rights — Elimination of discrimination against women — Sexual orientation — Exhaustion of domestic remedies — Due diligence obligations — Obligation to investigate — Requirement of prompt and impartial investigation — Protection of lesbian women from violence — Gender stereotypes — Committee case law and general recommendations — Remedies — Whether Russian Federation violating Articles 1, 2 and 5 of United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979International tribunals — Jurisdiction and admissibility — United Nations Committee on the Elimination of Discrimination against Women — Local remedies rule — Application in light of time bar under national law

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.

scholarly journals Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?

2017 ◽  
Vol 22 (1) ◽  
pp. 10-15 ◽  
Author(s):  
Gábor Petri
Keyword(s):  
Human Rights ◽  
Learning Disabilities ◽  
Design Methodology ◽  
Access To Justice ◽  
Self Advocacy ◽  
Persons With Disabilities ◽  
Content Type ◽  
Rights Of The Child ◽  
Judicial Procedures ◽  
Article 5

Purpose The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy.

scholarly journals Protection of Children’s Human Rights and Health: A Legacy of Julian Kramsztyk, Janusz Korczak, and Ludwik Rajchman

2018 ◽  
Vol 5 ◽  
pp. 2333794X1775415 ◽  
Author(s):  
Piotr Woltanowski ◽  
Andrzej Wincewicz ◽  
Stanisław Sulkowski
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Strong Association ◽  
League Of Nations ◽  
Medical Doctors ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Emergency Fund ◽  
Pediatric Disorders ◽  
Scientific Achievements

Tutor of generations of Warsaw medical doctors, Julian Kramsztyk (1851-1926) was son of Rabbi Izaak Kramsztyk, Polish patriot and fighter for independent Poland. Julian Kramsztyk graduated in medicine from Warsaw University in 1873 to soon work as a supervisor of the Internal Diseases Department of Bersohns and Baumans Children’s Hospital from 1878 to 1910, and despite of refusing professorship from Imperial Warsaw University, he worked as a lecturer of pediatric disorders from 1880 with strong association of his medical practice with scientific and editorial tasks as well as engaging in charity. This article focuses on selective retrieval of biographical data of social and scientific achievements of followers of Julian Kramsztyk: his student, pioneer of children human rights, and pioneer of healthy patterns of nutrition of children, pediatrician Janusz Korczak (Henryk Goldszmit; 1878 or 1879-1942); and a skilled bacteriologist and a brilliant epidemiologist who was a prominent activist of the League of Nations (later United Nations Organization), cofounder of the UNICEF (United Nations Children’s Emergency Fund), and the first chairman of the Organization from 1946 to 1950, which was primarily dedicated to “provide emergency food and health care to children in postwar time,” Ludwik Rajchman (1881-1965). Janusz Korczak works laid foundation for international recognition of children rights to health, respect, education, privacy, and all the other human rights to be included in the United Nations Convention on the Rights of the Child (UNCRC). In 1989, nutrition and vaccination issues were the main medical interests of these medical doctors and still remain major fields of UNICEF actions.

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