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Revitalizing the Right to Abortion in Kenya: A commentary on PAK v. AG
On 24 March 2022, the Kenya High Court delivered a momentous ruling on the right to abortion in PAK & another v Attorney General & 3 others . The decision sets a tempo in safeguarding women’s rights not only in Kenya but across the world.
The Urgent Need for Justice in South Sudan
In an address on 28 March 2022, President Salva Kiir of South Sudan reiterated his opposition to the Hybrid Court for South Sudan (HCSS)—a judicial body which, if established, would have jurisdiction to prosecute those responsible for serious international crimes that have occurred in South Sudan.
Two Rights can make a Wrong: Judges’ Rights to Freedom of Expression and Religion
The right to freedom of conscience, religion, thought, belief, and opinion is guaranteed by the Constitution of the Republic of South Africa, 1996, yet judicial officers have found themselves in predicaments where their religious beliefs led to their judicial propriety being questioned.
The defence and security policy in the Congolese Constitution of 18 February 2006: what about the incumbent?
The unchanging centrality of the state rests on defense and security. These matters should escape the weaknesses of constitutional elasticity. One of the essential functions of the Constitution is to produce stability and durability in the legal framework within which political actors operate.
La politique de défense et de sécurité dans la Constitution congolaise du 18 février 2006 : quid du titulaire ?
La centralité immuable de l’État repose sur la défense et la sécurité. Ces questions devraient échapper aux faiblesses de la plasticité constitutionnelle. L’une des fonctions essentielles de la Constitution est de produire la stabilité et la durabilité du cadre juridique dans lequel les acteurs politiques évoluent.
The (Original) TRIPS Waiver: The Key to Fulfilling the Right to Health in the Global South
COVID-19 may be one of the most devastating pandemics of our generation but it is unlikely to be the last. The TRIPS Waiver remains a crucial step to ending the pandemic and its disproportionate effects on African countries and the global South.
Mandatory Vaccination against Covid-19: Implications for the South African Workplace
Covid-19’s potentially devastating impact motivated unrivalled global efforts to develop vaccines, which the World Health Organization (WHO) identified as the most effective protection against the disease. Although largely viewed positively, there has been notable mistrust and hesitancy due to concerns about health-related risks associated with Covid-19 vaccines. This has raised questions in the employment context as some employers have quickly moved towards making vaccines mandatory.
Acts of State and Judicial Independence in Cameroon
The recent appointment of Raymond Zondo as the new Chief Justice of South Africa’s Constitutional Court generated much debate centred on his qualifications, experience and suitability. Against this background, it is opportune to review the selection procedure of superior court judges, particularly in the African context.
Lasting Solutions to Corruption Lie in Effective and Accountable Institutions
When it comes to assessing the legacy of the Zondo Commission in South Africa, what might success look like?
The Poisoned Chalice of a Judge-Led Inquiry into State Capture
Commissions of inquiry have featured strongly in democratic South Africa, and many have been tasked with a truth-seeking mandate in relation to issues with profound political significance.
Accountability Measures for Atrocities Committed in the Ongoing Ukraine-Russia Armed Conflict
Russia’s ‘special military operation’ in Ukraine has been recognised as an international armed conflict, drawing near-universal condemnation as an infringement of international law. States are, therefore, making a tremendous combined effort to prevent further escalation of the humanitarian crisis.
The Urgency of Procurement Reform after State Capture in South Africa
Even a cursory reading of the published parts of the report of the Zondo Commission leaves no doubt that public procurement was at the heart of state capture in South Africa.
The Failed Attempt to Expand the Criminalisation of Consensual Same-sex Relations in Uganda
An analysis of the Ugandan Parliament’s latest attempt to further criminalise consensual same-sex relations reveals the shortfalls of the Sexual Offences Bill, 2019.
Created in the Image of God, Criminalised by the Laws of Ghana
Amidst heated debates over the criminalisation of homosexual relationships, Ghana’s parliament is considering passing a Bill entitled the Promotion of Proper Human Sexual Rights and Ghanaian Family Values of 2021 (“Anti-LGBTQ+ Bill”). The Bill, if passed into law, will usher Ghana into another wave of criminalising homosexual conduct.
Fundamental Rights and the Legal Obligations of Business
In “Fundamental Rights and the Legal Obligations of Business”, David Bilchitz considers how to improve the global framework surrounding corporate obligations to ensure greater guidance on the content of these obligations as well as better decision-making both within corporations and national institutions. ALM caught up with Prof Bilchitz to ask him more about his new book.
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