1,721,073 research outputs found
The right to adequate housing in Zimbabwe: A contextual and jurisprudential anatomy of public housing policy implementation; Harare (2000-2018)
No full textPhilosophiae Doctor - PhDAmid notable and ongoing research about housing, structural hurdles crippling state efforts to guarantee the right to adequate housing have been extensively analysed and widely recognised. Albeit study after study demonstrates bureaucratic lethargy, the housing challenge is much complex. Harare increasingly appears to be a city in a housing crisis. The depredations of politics have repeatedly frustrated orderly urbanisation. Comparatively little on the politics of housing has been written or studied. Consequently, the realisation of the right to housing is under constant threat with the city spiralling into endemic disorder. The turbulent policy landscape since 2000 plunged housing into a chaotic and unstable milie
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in chipinge and chimanimani districts of Zimbabwe
No full textPhilosophiae Doctor - PhDWomen’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s reproductive rights allows them to make informed choices, take control of their bodies and is a crucial determinant of their enjoyment of other rights. The domain of reproductive rights enables women to live lives endowed with dignity and well-being. International and regional norms and standards require that state parties respect, protect, promote and fulfill reproductive rights. Zimbabwe has registered commitments to upholding reproductive rights through the Constitution and other laws. Despite these provisions, rural women affected by humanitarian emergencies are confronted by a host of challenges in accessing family planning information and services, in contravention of Zimbabwe’s human rights obligations. The aim of this study was to interrogate if Zimbabwe’s laws, policies and programmes adequately advance women’s family planning, information and services during humanitarian emergencies using the case of Cyclone Idai in the Chipinge and Chimanimani districts of Zimbabwe. Utilising a desktop review, the research identified gaps in Zimbabwe’s laws, policies and programmes due to a lack of attentiveness to women’s reproductive health during emergencies. Furthermore, limited access to reproductive information, poverty, patriarchal norms, child marriages, restrictive abortion provisions, high staff turnover of experienced health personnel, limited access to essential drugs and supplies, and poor access to water and sanitation militated against women’s access to reproductive health services during Cyclone Idai
The link between gender inequality and food security among female students at tertiary institutions in South Africa
Get PDFMagister Legum - LLMThis study explores the nexus between gender inequality and food security
through the lens of female students at tertiary institutions in South Africa. It
aims to highlight the gendered dimensions of the political, socio-economic and
cultural structures contributing to South Africa’s national food crisis. In so
doing, it argues that legislation on the right to food with specific gender
considerations is essential for ensuring food security for female students on
campuses in particular and women in general
Analysing human rights accountability towards ending preventable maternal morbidity and morality in Uganda
No full textDoctor Legum - LLDThe persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the
developing world, despite ground breaking technological and scientific advances, is
unacceptable. There is no cause of death and disability for men between ages 15 and 44
that comes close to the large scale of maternal mortality and morbidity. Thus, the
prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the
causal factors of preventable MMM and interventions needed to reverse the pervasively high
numbers are now well known. Yet, hundreds of women continue to die daily and to suffer
lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and
programmatic strategies, the most recent survey revealed that the maternal mortality ratios
were at a staggering 438 per 100,000 live births
Analysing human rights accountability towards ending preventable maternal morbidity and mortality in Uganda
Get PDFDoctor Legum - LLDThe persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and disability for men between ages 15 and 44 that comes close to the large scale of maternal mortality and morbidity.1 Thus, the prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the causal factors of preventable MMM and interventions needed to reverse the pervasively high numbers are now well known. Yet, hundreds of women continue to die daily and to suffer lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and programmatic strategies, the most recent survey revealed that the maternal mortality ratios were at a staggering 438 per 100,000 live births.2
This study attributes the continued prevalence of high MMM rates to lack of accountability that would ensure services and resources are being maximized and redistributed equitably. Lack of effective accountability mechanisms in place encourages unbridled financial, human and technical resource wastage, diversion, non-utilization and embezzlement of funds. It is not enough that medical equipment, personnel and finances are increasingly being allocated to the health sector by the Government. Without effective tracking and supervisory mechanisms, these additional financial, technical and human resource allocation will most likely not translate into reduced MMM rates.
Sadly, in Uganda, the role of accountability towards the operationalization of human rights is underappreciated. In fact, many health sector practitioners are unaware of the ways in which accountability can be implemented. Despite the recent infiltration of the term 'accountability' into laws and policies, it remains an elusive and fuzzy concept.
Further still, as demonstrated throughout the study, accountability has been popularized by international and regional human rights monitoring mechanisms such as the UN treaty bodies, African Commission but at the domestic level, great strides have yet to be made in infusing human rights accountability into laws, policies, programs and practices in a way that will reverse the high MMM. The domestication of accountability is vital because human rights ideals are only turned into actual implementable strategies at the national level. A direct focus on Uganda would allow for the undertaking of the country's own specific challenges within its domestic context
The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats
Get PDFMagister Legum - LLMThe Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue and has been influential in shaping the Cape Flats to what it is today.
What this study aims to do, is to provide a background on a possible theory for this typecast that accompanies the areas broadly known as the Cape Flats. The study will show how the Apartheid era created a ripple effect for future generations, and how this may be the cause of these vulnerable groups of children being failed by a system which have long forgotten about them. The study demonstrates how vulnerable groups on the Cape Flats, struggling and pleading for State intervention in the delivery of basic human rights, have fallen on deaf ears. The study further reveals that the State has not fulfilled its constitutional mandate, neither has it lived up to the enabling provisions contained in international instruments which has been adopted by the South African government, and confirms that all three spheres of government have lacked in the accomplishments it set out to achieve upon the adoption of various pieces of legislation, notwithstanding the proclamation of domestic laws to help the State realise its socioeconomic rights obligations. The study was a particularly challenging task to undertake, as research topics on the issue of socioeconomic rights realisation on the Cape Flats is not a well-studied subject. The intention behind the study is to make an important contribution towards awareness of the issue under discussion, paving the way for future knowledge sharing and an open dialogue focusing on the role of the State in the realisation of socioeconomic rights of children on the Cape Flats
The impact of armed conflict on child education in the Democratic Republic of Congo
Get PDFMagister Legum - LLMThis study investigates the the impact of armed conflict on child education in the Democratic Republic of Congo. Naturally, armed conflict affects negatively on people‟s life. In particular, armed conflict affects the education of children as military groups attack schools, schools children and teachers. Ultimately, armed conflicts also affect the quality of education children receive during hostilities. In light of this, the study assesses how the Congolese government, in line with international and regional human rights obligations, responds to the educational needs of children affected by armed conflict
The implementation of the socio-economic rights provisions of the African Charter on Human and Peoples’ Rights at the national level : a case study of Democratic Republic of Congo (DRC)
No full textMagister Legum - LLMThis mini-thesis examines the issue of the implementation of the socio-economic rights provisions of the African Charter on Human and Peoples‘ Rights (ACHPR) at the national level, in a case study of Democratic Republic of Congo (DRC). These rights which comprise the right to property, the right to work, the right to health, the right to education and the protection of the family and cultural rights in Articles 14 to 18 of the ACHPR are provided for and guaranteed in the DRC Constitution of 18 February 2006 in Articles 34 to 48 and, accordingly, are legally enforceable under the Constitution. This study was motivated by the fact that despite the enforceability of these rights under the DRC Constitution, the real situation in the DRC remains worrying in that the economic, social and cultural rights (ESCR) of the ACHPR are violated from day to day by the government. The majority of Congolese live in poverty, disease and ignorance; they lack jobs, food and other basic necessities, such as, water and electricity, in spite of DRC‘s abundant natural resources (such as, oil and gas); minerals (such as cobalt, vanadium, manganese, phosphate, and bauxite); iron ore; and precious tropical rain forests. This situation is due to certain reasons, including: bad governance; mismanagement of public finances by political authorities at the expense of the majority; lack or weakness of the institutions or organs of implementation; and the ignorance of the Congolese people about their socio-economic rights even if they are massively violated by their government. Consequently, the marginalisation of socio-economic rights which results in their non-protection and non-realisation in DRC leads to a low expectation of the State and Government by the people, corruption, exclusion, racism, xenophobia, inequality, diseases, poverty, a feeling of betrayal of the people, a crisis of state and governmental legitimacy, popular insurrections and civil war in the country. To prevent the above consequences requires the DRC State to comply with Article 1 of the ACHPR which declares that the Member States of the Organization of African Unity that are parties to the ACHPR shall recognise the rights, duties and freedoms enshrined in it and shall undertake to adopt legislative or other measures to give effect to them. In addition, as the ACHPR complements human rights protection at the domestic level where the rights protected in the Charter should be realised, it is important for DRC to ensure that the ESCR of the ACHPR protected in its Constitution are given full legal effect under domestic law, such that the Charter‘s rights are made justiciable
Developing a Community Engagement Model as a Normative Framework for Meaningful Engagement During Evictions
No full textDoctor Legum - LLDThe research problem of this study is the jurisprudential inconsistency in the application
of the right in section 26(3) of the South African Constitution's Bill of Rights. The
inconsistency is due to inadequate conceptualisation of the substantive requirements of
meaningful engagement (ME) by the South African Constitutional Court (ConCourt). The
central argument is that the development of a community engagement model based on the
substantive requirements of ME will enhance the application of section 26(3).
This study commences by illustrating the disempowering nature to the squatters of the
apartheid evictions in South Africa. To tighten influx control, the apartheid regime
introduced a battery of laws that disempowered the squatters. The apartheid-induced
disempowerment of the squatters penetrated into the democratic dispensation. In the
examination of the normative context of evictions post-1994, this study identifies six
primary drivers for substantive involvement of the occupiers during evictions. The six
primary drivers seek to address the disempowering trajectory during evictions
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in Chipinge and Chimanimani districts of Zimbabwe
No full textDoctor Legum - LLDWomen’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s reproductive rights allows them to make informed choices, take control of their bodies and is a crucial determinant of their enjoyment of other rights. The domain of reproductive rights enables women to live lives endowed with dignity and well-being. International and regional norms and standards require that state parties respect, protect, promote and fulfill reproductive rights. Zimbabwe has registered commitments to upholding reproductive rights through the Constitution and other laws. Despite these provisions, rural women affected by humanitarian emergencies are confronted by a host of challenges in accessing family planning information and services, in contravention of Zimbabwe’s human rights obligations. The aim of this study was to interrogate if Zimbabwe’s laws, policies and programmes adequately advance women’s family planning, information and services during humanitarian emergencies using the case of Cyclone Idai in the Chipinge and Chimanimani districts of Zimbabwe
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