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Dobbs v. Jackson Women’s Health Organization: Comparative Lessons for the African Region
The majority opinion in Dobbs v. Jackson Women’s Health Organization is an absolutely negative lesson for the African region and African women. Its refusal to recognise women with unwanted pregnancy as gendered moral subjects with decisional constitutional authority in respect of abortion is a manifest denial of the equality and human dignity of women.
The Human Rights Complexities of Migration in Africa
This post reflects on the peculiarities marking the application of several human rights in migration controls on the African continent, with a focus on how States often contradict regional and sub-regional treaties.
Countering the Scourge of Unconstitutional Changes of Government in Africa
Unconstitutional changes of government constitute a grave danger to the stability and consolidation of democracy in Africa. The recent wave of coups d’état in Burkina Faso, Guinea, Mali and Niger – coming at a time of unprecedented poverty and threats of famine initially caused by the COVID-19 pandemic and now aggravated by the Russian invasion of Ukraine – is likely to provoke more political instability.
Constitutional Transformations: New Blog Series in the Lead-up to the World Congress of Constitutional Law
In the run-up to the World Congress, ALM and the IACL-AIDC blog present a new series as a foretaste of the brilliant thinking that will be in evidence at the Congress. We will feature some of our wonderful plenary speakers as well as members of the Programme Commission and some members of the Executive Committee of the IACL who have constructed the programme. Our theme for the conference is ‘Constitutional Transformations’.
A Culture of Non-Compliance? A Challenge to the African Commission and African Court
The African Commission and African Court have made important contributions towards furthering rights protected by the African Charter. However, without sufficient compliance mechanisms, what is the significance of rich jurisprudence beyond academic interest? There is a serious culture of non-compliance and non-enforcement, which undermines the legitimacy and credibility of the Commission and Court’s judgments and orders.
Remedying Copyright Discrimination at the South African Constitutional Court
On 12 May 2022, the South African Constitutional Court heard its first ever copyright discrimination matter brought by Blind SA, an organisation serving the interests of people with print and visual disabilities, on the basis that South Africa’s copyright laws unfairly discriminate against them and violate several constitutional rights.
Revitalizing the Right to Abortion in Kenya: A commentary on PAK v. AG
On 24 March 2022, the Kenya High Court delivered a momentous ruling on the right to abortion in PAK & another v Attorney General & 3 others . The decision sets a tempo in safeguarding women’s rights not only in Kenya but across the world.
The Urgent Need for Justice in South Sudan
In an address on 28 March 2022, President Salva Kiir of South Sudan reiterated his opposition to the Hybrid Court for South Sudan (HCSS)—a judicial body which, if established, would have jurisdiction to prosecute those responsible for serious international crimes that have occurred in South Sudan.
The (Original) TRIPS Waiver: The Key to Fulfilling the Right to Health in the Global South
COVID-19 may be one of the most devastating pandemics of our generation but it is unlikely to be the last. The TRIPS Waiver remains a crucial step to ending the pandemic and its disproportionate effects on African countries and the global South.
Mandatory Vaccination against Covid-19: Implications for the South African Workplace
Covid-19’s potentially devastating impact motivated unrivalled global efforts to develop vaccines, which the World Health Organization (WHO) identified as the most effective protection against the disease. Although largely viewed positively, there has been notable mistrust and hesitancy due to concerns about health-related risks associated with Covid-19 vaccines. This has raised questions in the employment context as some employers have quickly moved towards making vaccines mandatory.
The Failed Attempt to Expand the Criminalisation of Consensual Same-sex Relations in Uganda
An analysis of the Ugandan Parliament’s latest attempt to further criminalise consensual same-sex relations reveals the shortfalls of the Sexual Offences Bill, 2019.
“Re-Invigorating Ubuntu Through Water” by Ndjodi Ndeunyema
In “Re-Invigorating Ubuntu Through Water”, Ndjodi Ndeunyema argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution.
The Real Colour of Water: A Review of Ndeunyema’s “Re-Invigorating Ubuntu Through Water”
Ndjodi Ndeunyema’s book “Re-Invigorating Ubuntu Through Water” is the lawyer’s version of the aphorism that “water is life”.
A Republic We Should Keep
In the 25 years since the South African Constitution was signed into law, what progress have we made — and what will it take to attain the constitutional vision of a free, equal and dignified life for all?
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