Involuntary Circumcision of Males in Illegal Initiation Schools in South Africa: A Violation of African Customary Human Rights?

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Porsche Makama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Beliefs ◽  
Young Men ◽  
Cultural Tradition ◽  
Constitutional Rights ◽  
Topical Issue ◽  
Community Members ◽  
Human Right ◽  
Traditional Practice

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.

Traditional Practices and Human Rights: An Insight on a Traditional Practice in Inchanga Village of Kwazulu-Natal, South Africa

2020 ◽  
Vol 20 (2) ◽  
pp. 315-331
Author(s):  
Londeka Ngubane
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Teenage Pregnancy ◽  
Bodily Integrity ◽  
Community Members ◽  
Traditional Practice ◽  
Kwazulu Natal ◽  
Democratic Elections ◽  
Virginity Testing

After falling into absolute dereliction in the Zulu community, the traditional practice of virginity inspection made a retaliation some 10 years ago, after the country’s first democratic elections. This study investigates the perceptions and experiences of virginity inspection of female adolescents in Inchanga village, KwaZulu-Natal, South Africa. A focus group interview was conducted with 10 Zulu maidens for qualitative data collection. Proponents of virginity inspection believe that virginity inspection is a traditional practice that can assist in reducing HIV infection and teenage pregnancy among the youth, and in the detection of children who are sexually abused by adults. Opponents of virginity testing, such as several human rights groups in South Africa, as well as the South African Human Rights Commission of virginity inspection, strongly believe that the practice of virginity inspection interferes with human rights and constitutional prescripts that protect the rights to equality, privacy, bodily integrity, and sexual autonomy of young women. The study found that the participants have only positive experiences of the practice of virginity inspection, and the only negative experiences they encounter are negative responses from community members who do not support the practice. The findings also confirmed that virginity inspection is being done irrespective of different opinions from different scholars and experts on the subject, and most of the time, the age of the children is not considered.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

Women’s Constitutional Rights

2021 ◽  
pp. 176-212
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Women's Rights ◽  
Cultural Relativism ◽  
Women’S Rights ◽  
Constitutional Rights ◽  
Substantive Content ◽  
General Investigation ◽  
Standard Of Comparison ◽  
Design And Practice

This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions of rights in a constitutional space produces unique regimes of women’s rights in these countries. The chapter first presents a brief theory of women’s rights as a standard of comparison and evaluation; this is done through a more general investigation of women’s rights in international law. This is then followed by a more focused discussion of women’s constitutional rights in Nigeria, South Africa, and Ethiopia. Such discussion explores the substantive content and the way in which women’s rights are constitutionalized, as well as their practical and judicial applications. The syncretic nature of women’s rights in these countries sheds some light on the importance of looking beyond the universalism versus cultural relativism debate when trying to enforce human rights in Africa.

Customary Human Rights Law

2019 ◽  
pp. 129-160
Author(s):  
Steven Wheatley
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Path Dependence ◽  
Customary Law ◽  
General Assembly ◽  
Human Rights Law ◽  
Human Right ◽  
New Information ◽  
The Status ◽  
Law Making

Chapter 5 looks at customary human rights law, explaining how we can think about custom as a self-organizing system, the emergent property of the performative acts of states, who literally ‘speak’ customary human rights into existence; customary law then binds the same countries that brought it into existence, exhibiting the characteristics of a complex system. Complexity serves to remind us of the importance of path dependence, the power of events, and possibilities of change as states respond to new information. The work shows how the measures targeting apartheid South Africa after the Sharpeville Massacre resulted in the first customary human right on the prohibition of racial discrimination, as well as an evolution in the methodology for custom-formation, allowing reference to General Assembly resolutions and law-making treaties. The chapter further demonstrates how the status of persistent objector was denied to apartheid South Africa, confirming the non-negotiable character of fundamental human rights.

scholarly journals Opposing abuse in religious high-demand groups in South Africa: the case study of the “prophet” of Hertzogville

2007 ◽  
Vol 28 (2) ◽  
pp. 602-621
Author(s):  
S. P. Pretorius
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Freedom Of Religion ◽  
Religious Groups ◽  
High Demand ◽  
Human Right ◽  
The Right

Since the new Constitution came into force, there has been an increase in the number of high-demand religious groups. The more accommodating and tolerant approach towards religions brought about by the Constitution has created a fertile environment for the development of alternative religious groups. In certain cases, unfortunately, this has resulted in the violation of other basic human rights within the confines of these groups. There is very little monitoring of the various religions in South Africa and these violations seem to be on the increase. A need arose to oppose the infringement of human rights in high-demand religious groups. The organisation RIGH (Rights of Individuals Grant Honour To) was established to address this need. This article aims, first, to point out how the exercising of one basic human right, in this particular case the right to freedom of religion as exercised in Hertzogville, led to the violation of other basic human rights. Secondly, it suggests ways of opposing the infringements on other basic human rights by high-demand religious groups.

scholarly journals Applying Human Right - Based Approach in Constitutional Rights Guarantee in Vietnam

2020 ◽  
Vol 36 (2) ◽  
Author(s):  
Nguyen Duong
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Secretary General ◽  
Viet Nam ◽  
Constitutional Rights ◽  
Human Right ◽  
Guidance Note ◽  
Human Rights Based Approach ◽  
General Guidance ◽  
Constitution Making

The provisions on human rights and civil rights in the  2013 Constitution have marked a progress in constitutional reform. However, the implementation of constitutional rights have still faced many challenges in practice. One of these challenges is inappropriate awareness on human rights of public actors as well as the people. A rights-based approach, an approach that pays equal attention to what should be done and to how it should be done, will contribute to better constitutional rights realization by raising both awareness of right-holders and the sense of responsibility of duty-bearers. Keywords: human right-based approach, human rights, constitutional rights implementation. References: [1] OHCHR, Frequently Asked Questions on the Human Rights-based Approach in Development Cooperation, 2006, p.1. https://www.ohchr.org/Documents/Publications/FAQen.pdf (Truy cập: 15/11/2019).[2] United Nation Vietnam, Giải thích sơ lược về Phương pháp tiếp cận dựa trên cơ sở Quyền Con người (Tài liệu dành cho Cán bộ Liên hợp quốc tại Việt Nam). http://www.un.org.vn/images/stories/pub_trans/HRBA_Toolkit_-_Vietnamese.pdf (Truy cập: 15/11/2019).[3] Ủy ban về Quyền con người, Bình luận chung số 25 (1996).[4] Trung tâm Nghiên cứu QCN &QCD, Khoa Luật, ĐHQGHN, Giới thiệu về các quyền dân sự và chính trị, NXB Hồng Đức, 2012. [5] Secretary-General, Guidance Note of the Secretary-General: United Nations Assistance to Constitution-making Processes. https://www.un.org/ruleoflaw/files/Guidance_Note_United_Nations_Assistance_to_Constitution-making_Processes_FINAL.pdf (Truy cập: 15/11/2019).[6] World Bank, Governance: The World Bank’s Experience, Washington DC, 1994, p. VII. [7] Secretary-General, Guidance Note of the Secretary-General: UN Approach to Rule of Law Assistance.[8] Secretary-General, Guidance Note of the Secretary-General: United Nations Assistance to Constitution-making Processes. https://www.un.org/ruleoflaw/files/Guidance_Note_United_Nations_Assistance_to_Constitution-making_Processes_FINAL.pdf (15/11/2019).[9] Secretary-General, Guidance Note of the Secretary-General on Democracy. [10] United Nations Viet Nam, Human rights and the human rights-based approach. http://www.un.org.vn/en/what-we-do-mainmenu-203/cross-cutting-themes-human-rights.html (15/11/2019).[11] OHCHR, Human rights and Constitution making, New York & Geneva, 2018, p. 3 - 10. https://www.ohchr.org/Documents/Publications/ConstitutionMaking_EN.pdf (15/11/2019).[12] Vũ Công Giao, Những tiến bộ và hạn chế trong chế định quyền con người, quyền công dân của Dự thảo 3 Hiến pháp 1992 sửa đổi năm 2013, Tạp chí Khoa học ĐHQGHN, Luật học,Tập 29, Số 3 (2013) 52-63.[13] Đào Trí Úc - Vũ Công Giao, “Khái quát những điểm mới của Hiến pháp năm 2013” trong cuốn Bình luận khoa học Hiến pháp nước Cộng hòa xã hội chủ nghĩa Việt Nam Việt Nam năm 2013 (Sách chuyên khảo), NXB ĐHQGHN, 2014.[14] Nguyễn Thùy Dương, “Tiếp cận dựa trên quyền trong xây dựng, thực hiện chính sách, pháp luật về quyền của phụ nữ ở Việt Nam” trong cuốn “Tiếp cận dựa trên quyền con người - Lý luận và thực tiễn” (Sách chuyên khảo), NXB ĐHQGHN, 2016. [15] Lã Khánh Tùng, Cơ quan Nhân quyền quốc gia 101 Câu hỏi - đáp, NXB Hồng Đức, 2017, tr. 5-10.[16] Strengthening the National Human Rights Protection System. http://www.globalequality.org/storage/documents/pdf/manual%20nhrps-web.pdf (15/11/2019).[17] Khoa Luật, ĐH QGHN, Giới thiệu các văn kiện quốc tế về quyền con người, NXB Lao động - xã hội, 2011, tr.821-824.[18] Lã Khánh Tùng, Vũ Công Giao, Bài viết “Giáo dục về Quyền con người ở Việt Nam hiện nay” trong Kỷ yếu Hội thảo Kết nối Nghiên cứu về Quyền con người, 8/2008.  

scholarly journals Poor Lives Matter: COVID-19 and the Plight of Vulnerable Groups with Specific Reference to Poverty and Inequality in South Africa

2021 ◽  
pp. 1-22
Author(s):  
John C Mubangizi
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Vulnerable Groups ◽  
Specific Reference ◽  
Constitutional Rights ◽  
Poverty And Inequality ◽  
Vulnerable People ◽  
Human Rights Based Approach ◽  
The Impact

Abstract This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. It does so by first looking at the conceptual context and then highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic (and the measures put in place to contain it) on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic. It concludes that, despite the South African government having undertaken some of the actions recommended, there remains room for improvement and scope for further research, as the pandemic is expected to continue for some time.

Traditional Health Practitioners' and Other Community Members' Perceptions of Vultures in the Kruger to Canyons Biosphere Region, South Africa

2021 ◽  
Author(s):  
N. Mbali Mashele ◽  
Lindy J. Thompson ◽  
Colleen T. Downs
Keyword(s):  
South Africa ◽  
Traditional Medicine ◽  
Protected Areas ◽  
Cultural Beliefs ◽  
Conservation Education ◽  
Body Parts ◽  
Community Members ◽  
Traditional Health ◽  
Traditional Health Practitioners ◽  
Health Practitioners

ABSTRACT African vulture populations are currently in rapid decline, due to a range of anthropogenic factors. These include intentional and unintentional poisoning; degradation, fragmentation, and loss of habitat; and the killing of vultures to obtain body parts for use in traditional medicine. Consequently, people living in rural communities adjacent to protected areas may have a negative or positive impact on their local vulture populations, and so understanding their attitudes towards vultures is imperative. We surveyed Traditional Health Practitioners (those who may [unlawfully] acquire vulture parts for use in traditional medicine) and other community members (those who are not Traditional Health Practitioners but who might use traditional medicine containing vulture body parts) to understand how they perceive vultures and the cultural beliefs associated with vultures in the Kruger to Canyons Biosphere Region, South Africa. We conducted 248 structured interviews with 197 community members and 51 Traditional Health Practitioners in nine villages in the Bushbuckridge Local Municipality, Mpumalanga Province, adjacent to protected areas. Our results showed that community members and Traditional Health Practitioners regarded vultures as beneficial to them for ecosystem services, as a cultural resource, and as a means of generating income. Community members and Traditional Health Practitioners generally had positive attitudes toward vultures, and community members were more inclined than Traditional Health Practitioners to like vultures. Both groups of respondents expressed a fear of vultures because of their aggressive feeding behavior and their physical appearance. Our results highlighted that vultures in our study area are traded and used in traditional medicines for various purposes. Contrary to what was previously thought, vultures are indeed used in traditional medicine close to the Kruger National Park. Our interviewees expressed a desire to learn more about vultures, and this could be a starting point to increase conservation education for these species. There is a need to raise awareness of vulture population declines among all community members in Bushbuckridge and to highlight the human health risks of using poison for pest control.

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