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Human Rights, International Law Olivier De Schutter Human Rights, International Law Olivier De Schutter

Povertyism is a Major Obstacle to the Eradication of Poverty. It’s Time to Ban it.

United Nations Special Rapporteur, Olivier De Schutter calls for an end to ‘povertyism’ - the discrimination & negative attitudes that bar people in poverty from fully accessing their rights and for states to include socio-economic status as a suspect ground in national anti-discrimination frameworks.

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Human Rights, Constitutional Law Joshua Davis Human Rights, Constitutional Law Joshua Davis

Bwanya v Master of the High Court: Right for the Wrong Reasons

Bwanya v Master of the High Court was the first occasion on which the Constitutional Court expressly refused to follow one of its previous decisions. Joshua Davis considers the basis on which it did so and the implications for the doctrine of precedent, and argues that the judgment was ultimately right for the wrong reasons.

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International Law, Human Rights Alexander Alvarez International Law, Human Rights Alexander Alvarez

Population Displacement and Genocidal Violence in an Age of Climate Change

Climate change and the related crime of ecocide have increasingly been the focus of academic and public attention. As once stable weather patterns become more unpredictable and previously rare weather events become more common and more extreme, we are belatedly recognizing that the ecological destruction inflicted on the world around us poses a tremendous threat to not just the natural world, but to humanity as well.

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International Law, Human Rights Cristiano d’Orsi International Law, Human Rights Cristiano d’Orsi

Several reflections on the displacement in the Sahel due to climate change

Environmental degradation has become a serious problem in the Sahel, which is disproportionately impacted by climate change, with temperatures rising 1.5 times faster than the global average, and the situation is further aggravated by political instability. It is, therefore, consequential that this entire situation has produced – and is producing – a massive displacement of populations within the region.

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Public Law, International Law, Human Rights Tanveer Rashid Jeewa Public Law, International Law, Human Rights Tanveer Rashid Jeewa

Des objets aux sujets de propriété : Réflexion sur le décalage entre la reconnaissance juridique et sociale des droits des femmes à la propriété foncière en Afrique

Tanveer Rashid Jeewa affirme que ce traitement inhumain vient souvent du fait que les femmes n'ont pas de terre à leur nom et par conséquent, pas de sécurité d'occupation, de logement ou de sécurité économique.

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Public Law, International Law, Human Rights Tanveer Rashid Jeewa Public Law, International Law, Human Rights Tanveer Rashid Jeewa

From objects to subjects of property: Reflecting on the gap between legal and social recognition of women’s rights to land ownership in Africa

Women in Africa are often excluded from inheriting, evicted from their lands and homes by in-laws, stripped of their possessions, and have no choice but to engage in risky and non-consensual sexual practices in order to keep their property. Tanveer Rashid Jeewa argues that this inhumane treatment often comes as a result of women having no land to their name and consequently, no security of tenure, shelter or economic security.

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International Law, Human Rights Abiy Ashenafi International Law, Human Rights Abiy Ashenafi

Reflections on some challenges to achieving durable solutions to violence-induced internal displacement in Ethiopia

In international refugee law, as well as IDP-specific soft law and practice, three forms of durable solutions, namely, local integration, return and relocation, have been recognised and implemented. These have been adopted in the African Union Convention on the Protection and Assistance to Internally Displaced Persons in Africa (Kampala Convention) – a regional binding treaty ratified by 33 African states, including Ethiopia. Yet, implementing the treaty and realising durable solutions for IDPs has been difficult. This piece identifies several challenges to achieving durable solutions to violence-induced displacement in Ethiopia and offers some recommendations.

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Human Rights Louise du Toit Human Rights Louise du Toit

The Shell Case: A Victory for Social and Ecological Justice in South Africa

In this post, Louise du Toit examines the South African High Court’s judgement in Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others. It is argued that the judgement highlights the importance of civil society activism and the crucial role of the judiciary in upholding constitutionally protected social and environmental rights.

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Human Rights, Constitutional Law, Public Law Sohela Surajpal Human Rights, Constitutional Law, Public Law Sohela Surajpal

Prisons in Africa – a death sentence for women’s rights

Women in African prisons endure abuse, violence, endemic overcrowding, inadequate food, and poor hygiene and sanitation. Sohela Surajpal examines this problem and argues that a feminist movement committed to protecting and empowering the most marginalised among us must look to alternative visions of safety and justice that a divestment from carceral politics might offer us.

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International Law, Human Rights Alicia Raymond International Law, Human Rights Alicia Raymond

South Africa, the Rainbow Nation that only loves certain colours of the Rainbow?

The post-apartheid era has seen the golden age of transformative laws and policies, providing rights and legal entitlements for the previously disadvantaged within South Africa. However, in as much as South Africa has celebrated over 28 years of democracy, that democracy can rightly be argued to exclude non-South Africans. Do we intend to equally provide basic rights to all persons within our borders or is South Africa a rainbow nation that only loves certain colours of the rainbow?

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International Law, Human Rights Stefanie Rothenberger International Law, Human Rights Stefanie Rothenberger

The Kenyan Supreme Court writes a new chapter in the history of the rule of law in Africa

Dr Stefanie Rothenberger, head of the Konrad Adenauer Stiftung’s Rule of Law Programme for Anglophone Sub-Saharan Africa, reflects on the Kenyan Supreme Court’s recent decision on the Building Bridges Initiative with Dr Willy Mutunga, the former Chief Justice of Kenya.

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Human Rights, Constitutional Law Callixte Kavuro Human Rights, Constitutional Law Callixte Kavuro

Gender Inequality: The Vulnerabilities of Women under the Asylum System

South Africa’s 1998 Refugees Act fails to reflect the country’s constitutional commitment to equality in as far as it entrenches the unequal treatment of women. Shortcomings in refugee protection lead to the treatment of refugee women as minors and smother their autonomous voice in the refugee application process.

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Human Rights, International Law Mispa Roux Human Rights, International Law Mispa Roux

Refugees of the Ukraine Conflict Expose European and Western States’ Deep-Seated Bias Towards “the Other”

The Ukrainian refugee crisis has exposed multifaceted layers of discrimination, racism, and prejudice towards “the other” by European and Western states.   Despite the condemnation of differential treatment and racism against non-Ukrainian refugees and the implementation of protective measures for all refugees, differential treatment and double standards continue to manifest in practice.

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