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"It is my body, so I decide" A multidisciplinary approach to the interpretation of article 14 of the protocol to the African charter on the rights of women in AfricaFokala Mukumu, Elvis 06 June 2011 (has links)
Although much has been written and discussed on the African Women’s Protocol in recent years, a number of misinterpretations and ambiguities remains regarding the source and scope of the specific rights enshrined in this revolutionary Protocol. From a legal perspective, the author singles out the provision of article 14 of the African Women’s Protocol (sexual and reproductive health rights) and begins with the tricky issue of identifying four aspects namely non-discrimination, abortion, informed consent and HIV/AIDS which in his opinion are fundamental to the protection and promotion of women’s sexual and reproductive health rights. Thereafter, with the help of case law, the author reviews the legal interpretations of these four aspects by some African, American, and Asian courts. At the UN level, decisions of the CEDAW Committee and the Human Rights Council are also reviewed. Of practical interest, reflecting on the four aspects, the author explores the interpretative approach of different social sciences such as sociology, anthropology and psychology in an attempt to introduce a multidisciplinary approach that could supplement legal interpretation and understanding of women’s sexual and reproductive health rights. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted
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A Purposive interpretation of Article 14(2)(C) of the African Wome's protocol to include abortion on request and for socio-economic reasonsNabaneh, Satang January 2012 (has links)
No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted
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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)
"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
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