Search Results - "African human rights law journal"
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Strategic litigation for educational equity: Analysing the impact of
Published in African human rights law journal (01-06-2024)“…Summary\r\nIn recent years, strategic litigation has emerged as a powerful tool for advancing human rights and promoting social justice around the world. This…”
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Litigating the right to basic education for undocumented children in South Africa: The role of the courts in advancing access to schools
Published in African human rights law journal (01-06-2024)“…Summary\r\nThe right to basic education is enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996, which clearly states that…”
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Private schools in South Africa: Pay the bill for the child’s best interests? Terms and conditions apply
Published in African human rights law journal (01-06-2024)“…Summary\r\nIn South Africa, the right to basic education is immediately realisable as set out in the Constitution and confirmed in the case of Governing Body…”
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The constitutional obligation to protect the right to education in Nigeria: A call for action
Published in African human rights law journal (01-06-2024)“…Summary\r\nThis article argues that beyond the obligation of states to respect, promote and fulfil the right to education, the obligation to protect, which is…”
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Editorial: Special focus on promoting access to basic education through the law in sub-Saharan Africa
Published in African human rights law journal (01-06-2024)“…There is broad acceptance that the right to basic education is a fundamental multiplier right. However, the implementation of the right to education has still…”
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State regulation and misconstructions of customary land tenure in South Africa
Published in African human rights law journal (01-06-2024)“…\r\nThe state resorts to misconstructions of customary land tenure rights in its land reform policy that emulate apartheid-era thinking, rather than facing the…”
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The Basic Education Laws Amendment Bill: A case study in transformative constitutionalism beyond the courts
Published in African human rights law journal (01-06-2024)“…\r\nThe Basic Education Laws Amendment Bill (BELA Bill) is one of the most significant reforms to the South African basic education legal framework since 1994…”
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Realising the right to basic education through strategic litigation in Kenya
Published in African human rights law journal (01-06-2024)“…Summary\r\nIn pursuit of creating an inclusive and equitable society, the right to basic education stands as a cornerstone, serving as a catalyst for…”
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Justiciability of economic, social and cultural rights under the legal system of South Sudan: A preliminary assessment
Published in African human rights law journal (01-06-2024)“…\r\nThis article provides an overall assessment on the justiciability of economic, social and cultural rights (ESCRs) within the legal system of South Sudan…”
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Lessons from the ‘minimum core’ approach to the right to basic education in South Africa
Published in African human rights law journal (01-06-2024)“…Summary\r\nSouth Africa’s Constitutional Court has seemed notoriously reluctant to accept that socio-economic rights have a ‘minimum core’. Following Mazibuko…”
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Domestic and international law contradictions in Zimbabwe’s gender quota system
Published in African human rights law journal (01-06-2024)“…\r\nIn 2013 Zimbabwe adopted a gender quota system for the National Assembly. However, the quota system is set at 30 per cent, contrary to international law…”
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Transforming education through mother tongue language as a language of instruction in South Africa
Published in African human rights law journal (01-06-2024)“…Summary\r\nThe right to receive education in an official language of one’s choice is enshrined in section 29(2) of the Constitution. However, the South African…”
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Evaluating access to education for Rastafarian children and Muslim girls in Malawi
Published in African human rights law journal (01-06-2024)“…Summary\r\nOver the years, there has been a challenge for Rastafarian and female Muslim children to access education in public schools as well as…”
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Taxation and human rights: Towards a sustainable realisation of minimum core obligations in Nigeria
Published in African human rights law journal (01-06-2024)“…\r\nTwenty-four years after the establishment of the fourth republic and the Constitution that ushered in the democratic regime in Nigeria, the 1999…”
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Protecting digital rights through soft law: Ensuring the implementation of the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa
Published in African human rights law journal (01-06-2024)“…\r\nThis article examines the use of soft law for digital rights protection in African countries. Focusing particularly on the Declaration of Principles on…”
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Public property in South Africa: A human rights perspective
Published in African human rights law journal (01-06-2024)“…\r\nThis article reviews public property and the distinct role of the state as public land owner within a rich human rights framework. To critically rethink…”
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Beyond symmetrical binaries: The emergence of the constitutional recognition of transgender persons in Zimbabwe with reference to
Published in African human rights law journal (01-12-2023)“…In this case discussion we explore the constitutional and human rights implications of a decision of a High Court of Zimbabwe in Nathanson v Mteliso & Others…”
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The prospects of litigation to secure maternal health in Nigeria: Does
Published in African human rights law journal (01-12-2023)“…Summary\r\nBlood transfusions play a crucial role in addressing obstetric complications such as post-partum haemorrhage and anaemia that contribute to maternal…”
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The Mariana Trench of transphobia in South Africa: The legislative
Published in African human rights law journal (01-12-2023)“…Summary\r\nSociety as a whole has for eons been premised on the importance of patriarchy and heteronormatity. During this time society has seen gradual leaps…”
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