Suchergebnisse

This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in Government of Namibia v LM and argues that the court fails to consider involuntary sterilisation as a form of human rights violation, particularly violence against women. The article contends that given the attendant mental, physical and emotional trauma a woman may suffer upon undergoing forced sterilisation, this would amount to an act of violence against women as recognised under international human rights law.

List of contributors Foreword by J. Michael RyanPART I: Conceptual issues 1 Introduction Ebenezer Durojaye and Roopanand Mahadew2 Discriminatory practices against women in access to health care in Kenya in the context of theCOVID-19 pandemicSoila Kigera3 Indivisibility and interdependence of human rights in the context of COVID-19Bhavna Mahadew and Roopanand MahadewPART II: Impact of COVID-19 on access to health related goods and services 4 Situation of COVID-19 vaccine inequity in developing countries Paul O. Ogendi5 COVID-19 vaccine mandate and the right to health in Africa: Should Africa toe the path of the US? Obiajulu Nnamuchi6 An intersectional perspective on inequalities in access to COVID-19 vaccines in Africa: The case of migrants Aisosa Jennifer Omoruyi7 A human rights approach to budgetary allocation and the right to health: COVID-19 and health systems in Africa Ashwanee Budoo-ScholtzPART III: Impact of COVID-19 on the right to health of disadvantaged and marginalized groups 8 Tale of two pandemics: Interrogating the impact of COVID-19 on access to maternal healthcare rights for rural women in Kenya and Uganda Muwanguzi M. Robert, Ayeranga Godfrey, and Miyienda Pauline9 Impact of COVID-19 on the sexual and reproductive health and rights of women in Eswatini Simangele Mavundla and Ann Strode10 Protection of the right to health of minorities and vulnerable groups during the COVID-19 pandemic Mansha Mohee11 The nexus between COVID-19 and sexual and reproductive health of adolescents: Bringingadolescents home; Godfrey Kangaude and Catriona Macleod12 Impact of COVID-19 on healthcare providers in Africa Adetoun T. Adebanjo13 Impact of COVID-19 on the enjoyment of rights to abortion care and the role of transparency Benson Chakaya Atonga14 Role of regional human rights bodies and national courts in addressing human rights in the context of COVID-19 pandemic Ebenezer Durojaye15 The nexus between COVID-19 and gender-based violence against women: A case of Botswana, Kenya, and NigeriaKeikantse Phele

This volume is a much-needed piece of the global puzzle of legal responses to the COVID-19 pandemic. The regional focus on constitutional law systems in Sub-Saharan Africa and their linkages to international law obligations offer a unique reference point, which will be of utmost importance for fostering an enhanced preparedness against similar future threats. The book is integral for understanding how the legal determinants of health unfold during pandemics. Pedro A. Villarreal, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Germany. This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles. Ebenezer Durojaye is Professor and Head of the Socio-Economic Rights Project in the Dullah Omar Institute for Constitutional Law, Governance and Human Rights, University of the Western Cape, South Africa. Derek M. Powell is Associate Professor of Law and Head of the Applied Constitutional Studies Project in the Dullah Omar Institute for Constitutional Law, Governance and Human Rights, University of the Western Cape, South Africa.