<p>It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through this epidemic.</p>

Magister Legum - LLM / It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through this epidemic. / South Africa

"It is this very 'toll on women and girls' that seems to be the persistent challenge in addressing and responding to HIV and AIDS realities. Infection rates remian to be on the rise, prevention messages seem to bypass the ones it is meant to 'protect', stigma and discrimination experienced by people living with, and affected by, HIV and AIDS prevail, instead of subside, and it is women and girl children who remain, and are increasingly, the ones who are disproportionately impacted upon and affected by the pandemic. It is within this context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focusses on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through the epidemic. The study therefore seeks to demonstrate this potential. ... The study is stratified into four chapters. Chapter one provides the background to the study. It also contextualizes the study and sets its paradigm. Chapter two explores the current normative regimes, regional and international that are relevant to the analysis of the study. It is mainly critical, pointing out their inadequacies and a few strengths in relation to confronting the challenges faced by young women in Africa in the face of HIV/AIDS. It suggests a few recommendations. Chapter three explores the possibilities for solutions under the transformative provisions of the African Women's Protocol. This chapter is the heart and pith of the study. Chapter four discusses the practical challenges that the normative approach may encounter, especially because of the nature of some of the rights pivotal to the study: socio-economic rights. Chapter four also discusses legal, regulatory and policy recommendations. The chapter concludes by calling upon states to respect their obligations under the African Women's Protocol." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Despite the adoption and wide ratification of the CRC and ACRWC, the miseries identified and intended to be dealt with by the two instruments are still rampant in many parts of the globe. Tanzania, as will be clearly shown in chapter three of this study, is not an exception in this regard. ... Tanzania has ratified both the CRC and ACRWC without reservations. In relation to international law, Tanzania follows a dualist approach. Despite the fact that Tanzania has ratified the two instruments to date, it does not have a specific comprehensive law on children's rights. That notwithstanding, various laws have been enacted, other amended and several programs put in place to protect children from exploitation, and safeguarding their interests. However, these measures have not yielded any feasible results since their adoption. There are still cases of discrimination in respect of girls, children born out of wedlock, non-fulfilment of the principle of best intersts of the child, socio-economic difficulties threatening children's right to life, survival and development of the child; police brutality against street children, the increasing number of children deprived of a family environment, especially AIDS orphans, and an increase in the incidence of child prostitution, early marriages, and various cultural practices which are harmful to children. This study necessitates investigation of the mechanisms which could be adopted, to assist in the successful implementation of children's rights in Tanzania. ... This study, therefore, draws inspirations from the laws and practices on children's rights in Ghana and South Africa and explores the most effective mode of implementation that can ensure the translation of the noble intentions in the two instruments into genuine effective tools for enhancing the well-being of the children in Tanzania." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Ms. Christine Dowuona-Hammond at the Faculty of Law, University of Ghana, Legon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The purpose of the study is to determine the extent to which Benin’s Constitutional Court gives effect to the right to reparation under the African Charter and to examine relevant routes for the Court to discharge its duty fully and accurately. Ultimately, the study envisions suggesting Benin’s Constitutional Court a more genuine approach to the right to reparation with an emphasis on the content and scope of the right to reparation, competent remedial institutions and determination of the quantum in cases of monetary compensation. / Mini Dissertation (LLM)--University of Pretoria, 2007. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The prevailing realities of 'severely depressed' African economies make it difficult for children to enjoy the socio-economic rights guaranteed under the Children's Charter. This study takes the view that the responsibility of parents and the obligations of the state towards children's socio-economic rights must be mutually supportive. It therefore proposes the need for balancing parental responsibility and state obligations in the struggle to ensure that the socio-economic rights of children across the continent are met, albeit, under difficult economic circumstances. ... The study is divided into five chapters. Chapter 1 has highlighted the structure of the entire discourse. Chapter 2 deals with the general perspectives of the socio-economic rights of children within the broad context of international human rights law. An overview of the normative and procedural framework of the Convention on the Rights of the Child is given. The chapter also examines the normative and procedural framework available for the protection of the child at the African regional level, the starting point of which is the African Charter on Human and Peoples' Rights and eventually narrowed down to the African Charter on the Rights and Welfare of the Child. Chapter 3 addresses the concept of parental responsibility. In particular, Africa's notion of parental responsibility is critically analyzed as a factor that makes a crucial difference to the interpretations of the underlying assumptions in the Children's Charter that the socio-economic rights of children could be met through the African communal and extended family network. Chapter 4 deals with states obligations in respect of the socio-economic rights of children. The South African jurisprudence on the rights of the child is also discussed in this chapter. The chapter also highlights the interplay between parental responsibility and state obligations in fulfilling the socio-economic rights of children. Chapter 5 consists of conclusions of the essay." -- Chapter 1. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The Zimbabwean society views persons with disabilities (PWDs) ‘as useless liabilities that have no role to play in society.’ The Zimbabwean Government has also forgotten PWDs since they are not mentioned in all the country’s national budgets. This has led to uncountable barriers faced by PWDs in their bid to be included as equal members of the society. Some of the barriers are constant discrimination, sheer poverty, lack of access to mainstream public services and stigma. Hundreds to thousands of PWDs beg for alms in the streets of every town and city. Zimbabwe then has to be reminded that all PWDs have: a right to enjoy a decent life, as normal and full as possible, a right which lies at the heart of the right to human dignity. This right should be jealously guarded and forcefully protected by all states party to the African Charter in accordance with the well established principle that all human beings are born free and equal in dignity and rights. Thus, the era of silence when it comes to the realisation of the rights of PWDs in Zimbabwe has to come to an end. All PWDs in Zimbabwe should know that it is by right and not by privilege to be guaranteed full and effective participation, and inclusion in society. It is time for Zimbabwe to embrace all the rights for PWDs without any hesitation. It is time for humanity to celebrate the inherent dignity, individual autonomy, independence and the right not to be discriminated against for all PWDs. Every lawmaker in Zimbabwe has to be reminded to delete from the statute books all laws which view disability as a medical problem and instead, pass laws which are in line with the human rights-based approach which is a more enlightened, realistic and people-centred approach to disability. No time to play but plenty of time to work…! / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

The African Charter on Human and Peoples’ Rights is turning 30 since its adoption. The Charter is also soon turning to its 20 in Mauritius since ratification. The Charter indeed has been hailed for its unique normative content and aspired to be a beacon of human rights in the Continent which has attracted the attention of academicians as well as experts in the field of human rights. The Charter has undoubtedly affected domestic systems through the promotional and protective mandates exercised by the African Commission. How much the Charter has actually influenced domestic human rights practices however, has not yet formed much of the available literature. More so, Mauritius being a party to the Charter for nearly two decades has not enjoyed the attention of writers on the African Charter. Not much is known as to the interactions of Mauritius with the African system which calls for investigation of how much the Charter has influenced the domestic system for two decades long. Beyond formidable normative content, the success of a human rights system depends on the impact it exerts on domestic systems through shaping the behaviours, actions and practice of domestic institutions. Such reflection is therefore, important to gauge the impact of the African Charter and profile its future towards success. This study attempts to enlighten the impact of the African Charter in Mauritius by embarking on examination of the practices of domestic institutions and actors offering unexploited area to ponder critically. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Magister Legum - LLM / In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.

"This paper is therefore inspired to look at education with respect to girl children in Africa. This paper, by drawing inspriation from other settings, is also motivated by the need to find solutions on how best the rights of the girl child can be protected in conjuction with the educational policy of African countries. ... The study is divided into six chapters. Chapter one provides the context in which the study is set, the objectives of the study and its importance. Chapter two examines the importance of the right to education and in education and takes note of the issue of discrimination with respect to girl child education in Africa. In chapter three various international treaties that concern provisions on education and the discrimination factor as to gender are identified. Also in the international milieu, the role of international bodies in the effective and efficient insurance of girl child education is included. Chapter four examines on a regional level, the extent to which the African Commission has effectively monitored the provision of the African Chater. The African Children's Charter and the Draft Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (the Draft Women's Protocol) in Africa are also discussed in relation to provisions in the African Charter and work done on girl child education by the African Commission. In this chapter, a comparative study is also done of instruments and the implementation mechanisms offered by the Inter-American and European systems to the African human rights system in terms of the girl child education. This is so because in terms of experience, jurisprudence and institutions, these systems are considered to be more advanced than the African human rights sytem. Finally chapter five discusses girl child education on a national level in Africa. This chapter focuses on the experiences of South Africa, Egypt and Cameroon. Educational policy and other national legislative instruments such as the constitutions of these countries are included. In the conclusion, the paper puts forward recommendations to assist new and old African democracies in advancing an administrative and political approach to the issue of discrimination with respect to girl child education." -- Chapter 1. / Prepared under the supervision of Dr. Enid Hill at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM