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Widowhood rites and the rights of women in Africa : the Ugandan experienceLimann, Leda Hasila January 2003 (has links)
"Human rights instruments have come a long way in the protection of women generally. This is evident in the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and more specifically, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). At the regional level, the African Charter on Human and Peoples' Rights (the African Charter) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (The Women's Protocol to the African Charter), have made commendable strides in protecting the rights of women in Africa. In all of these instruments, however, not much attention is devoted to certain specific categories of women. This generalization of the law has created a situation in which certain groups of women, such as widows, are not adequately protected from abuse. This unfortunate observation is further buttressed by the fact that issues concerning widows are rarely on the agenda of most international conferences.
Interestingly, domestic legislation in many African countries, such as Uganda, have drawn inspiration from international human rigths instruments in protecting the rights of women. In many instances even widows seem adequately protected by national legislation. Ironically, the situation on the ground in most African countries will reveal that notwithstanding all these developments, the rights of widows are actually being violated with impunity. This is attributable to the fact that most African countries have multiple legal systems where there is an interplay of national statutory law, common law and customary law. The customary law recognizes traditional and cultural practices, which discriminate against women, and which in the final analysis negates all attempts by international, regional and national legislation that are geared towards the protection of the rights of women. This is evident from such practices as the customary inheritance practices and rites which widows are subjected to across the entire continent. This situation is further aggravated by the fact that most widows who bear the brunt of these discriminatory practices are those found in rural societies, where illiteracy is high and ignorance of law (particularly written law) is rife.
Uganda, like most African states, has an impressive number of legislation that seeks to protect widows. However, empirical evidence as to what actually happens in reality proves that these laws are but mere words on paper that have no practical effect.
The problem that this paper seeks to address is whether international, regional and indeed Ugandan domestic law have proven adequate in protecting widows in Uganda against derogatory, dehumanizing and discriminatory customary widowhood practices or rites." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM
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The African Commission on Human and Peoples’ Rights and the protection of women detainees in AfricaMogopudi, Woods Wadikgwa 26 May 2014 (has links)
LL.M. (International Law) / At any given time, there are about 10 million people held in prisons around the world, with about 668,000 of these incarcerated in sub-Saharan Africa and about one million in the continent in total. On the continent, female prisoners – an estimated five per cent of the population – are particularly vulnerable to human rights violations due to their historical inequalities, socio-economic vulnerabilities and a gender- slanted criminal justice system. The African Charter on Human and People’s Rights guarantees the rights of detainees through the interpretation of several articles. The vulnerabilities of women detainees highlight the need to prioritise the rights of women in a system that is wholly unequal, fostering the rights to non-discrimination and promoting equality before the law,6 as recognised by the charter. Besides numerous international instruments, several resolutions and declarations have been adopted on the continent regarding the general rights of detainees through the African Commission on Human and People’s Rights. These instruments aim to prohibit cruel treatment and torture,make provision for fair access and treatment under the judicial system, create a standard for reasonable prison conditions, accelerate penal reform and through the Special Rapporteur on Prisons (SRP), monitor the promotion and protection of the rights of detainees...
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Reducing cases of gender based violence in Mashonaland Central province : ZimbabweKatembo, Alima January 2015 (has links)
Submitted in fulfillment of the requirements for the degree of Masters in Management Sciences(Peace-building), Durban University of Technology, Durban, South Africa, 2015. / This study examines gender based violence in a mining community and uses the case study of Trojan Nickel Mine in Mashonaland Central Province of Zimbabwe. Studies have shown that Mashonaland Central has the highest incidence rate of gender based violence in Zimbabwe. Mining communities are more susceptible to incidences of gender based violence because of their cultural heterogeneity which engender and generate conflict. The research examines gender based violence within the confines of several theories and conceptual frameworks such as social-learning theory, sex-role theory and ecological framework. It reveals that no factor can be singled out as the cause of gender based violence, but argues that patriarchy whose norms are embedded through culture contributes the most in constructing attitudes and perceptions which legitimize gender based violence. The study also identifies religious practices and the environment as playing key roles in encouraging gender based violence. The study in the end constructs an intervention model based on the ‘catch them young theory’ where young boys were trained on non-violent strategies of reducing gender based violence. This is against the background that men play an influential role in communities as decision makers and policy makers. This intervention targeted changing the behavior and attitude of boys over women and girls.
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A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in Africa.Amollo, Rebecca January 2006 (has links)
<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>
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A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in Africa.Amollo, Rebecca January 2006 (has links)
<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>
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A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in AfricaAmollo, Rebecca January 2006 (has links)
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
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African customary law and gender justice in a prograssive democracyOzoemena, Rita Nkiruka January 2007 (has links)
The constant clash of African culture and traditions with human rights continue to militate against the adequate protection of women’s rights. Thus, African women constantly face challenges resulting from restrictions under customary laws of succession and inheritance, witchcraft violence, degrading treatment to widows, domestic violence; women killed by their partners, rape of women and children under all kinds of circumstances. This thesis was prompted by the issues raised in the Bhe case of the Constitutional Court of South Africa. In this landmark judgment, Ngcobo J dealt with the development of customary law, and how it must be approached by the courts in a manner that would have due regard to the rights of women on one hand and, on the other, would also accord customary law of its proper place, purpose and values within the African context. Against this background, the thesis focused on South Africa, Nigeria and Lesotho as excellent models of the broader challenges for women as well as governments; despite certain legislative measures put in place by the latter, the battle continues unabated for the balance of traditions and culture with women’s rights issues. Although South Africa is more progressive in terms of Constitution and practice than Nigeria and Lesotho, a lot still needs to be done particularly in the area of harmonization of laws. Regrettably, in Nigeria and Lesotho respect for the Constitution is superficial and lacks substantive policies that would promote women’s rights. To this extent, the balance of democratic values and promotion of women’s rights issues within the continent lie in women being partners in development rather than unduly suffering under intense burden of culture, tradition and societal stereotypes.
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Forced sterilization of women living the HIV/AIDS in AfricaMamad, Farida Aligy Ussen January 2009 (has links)
Examines the actual reasons for sterilization of women living with HIV/AIDS and examines the reproductive rights of women living with HIV/ AIDS in light of existing legislation. Gives an overview of how the problem has been dealt with in other jurisdictions. Also discusses the human rights instruments and mechanisms addressing such violation of women's rights. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Odile Lim Tung, Faculty of Law and Management, University of Mauritius, Mauritius. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
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The use of human rights model to address the problem of health care and reproductive rights of women, most importantly victims of obstetric fistula in AfricaHadiza, Mahaman January 2008 (has links)
Women’s rights have been recognized by national, regional and international human rights instruments. In Africa particularly, both the African Charter and the African Women Protocol provide for the right to health. However, the continent offers the highest rate of women suffering from fistula.
This paper aims to answer the question whether the current level of governments’ response to the plight of victims of obstetric fistula, complies with the requirements of international human
rights law.
It looks at whether the consideration of victims of fistula from a right-based approach will contribute to affordability and free access to treatment for women suffering from the disease / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Doutor Gilles Cistac, of the faculty of law, Universidade Eduardo Mondlane, Mozambique / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
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The power of "the human rights approach to HIV/AIDS" : gender, health and the transnational advocacy networksAvani, Christina January 2004 (has links)
No description available.
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