1,720,959 research outputs found
An equality-sensitive approach to redressing the disproportionate socio-economic impact of Covid-19 on vulnerable groups in Botswana, Kenya and South Africa
No full textThe coronavirus (Covid-19) pandemic has had a disproportionate impact on groups that have historically been subjected to systemic and structural discrimination based on specific identity characteristics such as race, gender and disability status. This is compounded in those cases where a person faces discrimination based on an intersection of multiple identity characteristics. Absent positive redistributive measures to help alleviate the impact of the Covid-19 pandemic on vulnerable groups, existing patterns of inequality and poverty will be exacerbated. In this chapter, Botswana, Kenya and South Africa are used as case studies to advance the argument that when designing and implementing laws and policies addressing the adverse socio-economic effects of the Covid-19 pandemic, the right to equality in each of these jurisdictions imposes a duty on the state to take an equality- sensitive approach. The equality-sensitive approach requires the state, when realising socio-economic rights, to target, prioritise and take positive redistributive measures in favour of vulnerable groups. Vulnerable groups are groups that are subject to systemic and structural socio-economic disadvantage because of historical, social, economic and political arrangements of power. Through a normative and doctrinal analysis of the relationship between the right to equality and socio-economic rights, the Chapter argues that, in all three jurisdictions, there is a positive duty to take an equality-sensitive approach. The chapter will show that while some Covid-19 pandemic relief in these jurisdictions has taken equality into account, this has been on an ad hoc basis and not at all in some cases, which is contrary to the states’ duty to take an equality-sensitive approach.<br/
Learning from others: An insight into the experiences in the enforcement of ESC rights in comparative foreign and international law jurisdictions
No full textThis paper was originally presented at the Economic Social and Cultural Rights Symposium held on the 17th of April 2015 and was organised by the International Commission of Jurists (ICJ) in collaboration with the Zimbabwe Law Students Association. The purpose of this paper is to provide some ideas around the lessons which Zimbabwean courts can draw from South Africa and India as comparative foreign jurisdictions as well as international law, in order to enforce and or implement the ESC rights guaranteed under the new Constitution of Zimbabwe.,International Commission of Jurists (ICJ
Learning from others: An insight into the experiences in the enforcement of ESC rights in comparative foreign and international law jurisdictions
No full textThis paper was originally presented at the Economic Social and Cultural Rights Symposium held on the 17th of April 2015 and was organised by the International Commission of Jurists (ICJ) in collaboration with the Zimbabwe Law Students Association. The purpose of this paper is to provide some ideas around the lessons which Zimbabwean courts can draw from South Africa and India as comparative foreign jurisdictions as well as international law, in order to enforce and or implement the ESC rights guaranteed under the new Constitution of Zimbabwe.International Commission of Jurists (ICJ
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Taking Stock of Zimbabwe’s 2018 Elections and Evaluating Prospects for Democratic, Free and Fair Elections in the Future
No full textIn July 2018, Zimbabwe held a general election to elect the State President and members of the legislature as well as local councillors. As is the case with the previous round of elections, the credibility of the July 2018 election was disputed by some of the opposition parties as well as by some of the Zimbabwean civil society organisations. Reports by some of the international election observer missions also seem to cast doubt on whether these elections were free, fair and credible. This paper critically examines whether or not this election can be regarded as having been free, fair and credible. The paper examines the election process as it unfolded in 2018 and evaluates it against the minimum standards for a free, fair, and credible election binding on Zimbabwe. These minimum standards are stipulated in the 2013 Constitution of Zimbabwe; the African Charter on Democracy, Elections and Governance (African Charter on Elections) as well as the SADC Principles and Guidelines Governing Democratic Elections (SADC Principles and Guidelines on Elections). The paper concludes with recommendations on the nature of reforms needed to strengthen the credibility of future elections in Zimbabwe
The Price They Pay for Their Independence: Understanding the Persecution of Judges in Africa as Retribution for Their Impartiality
No full textVarious recent research studies suggest that most judiciaries in Africa are captured by the ruling elites and they are being weaponised to persecute political opponents through judicial prosecution. However, not much has been researched and written about the victimisation of courageous judicial officers in Africa who insist on performing their judicial functions impartially and in the process are persecuted as a form of retribution for their impartiality. Much of the existing literature analyses and frames the victimisation of judicial officers as ‘attacks against the independence of the judiciary’ in Africa. While the victimisation of judicial officers as punishment for their impartiality constitutes violation of the principle of the independence of the judiciary, this paper argues that certain forms of victimisation must be understood as persecution of judicial officers. The paper discusses case studies which demonstrate a pattern of persecutory measures undertaken against impartial judges, not just to undermine their independence but to punish them by inflicting upon them and their families as much harm and pain as is possible. Characterising these forms of victimisation as ‘attacks against the independence of judges’ does not adequately capture and depict the seriousness of this problem. It is mischaracterisation of the problem, which may affect the way in which solutions for this problem are designed. The paper identifies and discusses trends of this problem of persecution of judges in Africa. It presents these trends in three categories namely: (a) political persecution; (b) selective application of judicial ethics to persecute certain judges; and (c) the targeting of women judges for their impartiality
An examination of the relationship between public participation in constitution making processes and the objective to write a democratic constitution : the case of Zimbabwe's 2010-13 constitution making exercise
No full textIncludes bibliographical references.In recent years, many States particularly within the SADC and East Africa region have embarked on constitution making exercises as part of the democratization process. There is a strong emphasis that such constitution making processes must be based on public participation. An assumption is often made that public participation in constitution making processes will lead to the creation of a legitimate and democratic constitution. With reference to the Zimbabwe 2013 constitution making process, this dissertation argues that whilst public participation in constitution making will surely enhance the legitimacy of the final constitution, it does not necessarily result in the writing of a democratic constitution. There are contextual and conceptual challenges that constrain public participation from resulting in the creation of a democratic constitution. Using the Zimbabwe 2013 constitution making process and the resultant final constitution as a case study, this dissertation identifies and examines these contextual challenges and they include the legal context prevailing at the time of the constitution making process, political culture of the society and its leadership, manipulation of public views by the dominant forces as well as constitutional illiteracy. The conceptual challenges relate to the shortcomings of the theoretical foundations of public participation in constitution making. Such theoretical foundations include the doctrine of popular sovereignty and the doctrine of nation building and national reconciliation
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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