sexual health and human rights in the african region - The ICHRP

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Seedat’s Executors v Master (Natal) 1917 AD 302 (Appellate Division, now Supreme Court of Appeal). Ismail v Ismail 1983 (1) SA 1006 (High Court). S v Ncanywa 1992 (2) SA (High Court). Masiya v Director of Public Prosecutions 2007 (8) BCLR 827 (Constitutional Court). Minister of Health and Others v Treatment Campaign and Others 2002 (10) BCLR 1033 (Constitutional Court). Minister of Home Affairs and Another v Fourie and Another (Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others (2006) 1 SA 524 (Constitutional Court). Minister of Law and Order v Kadir 1995 (1) SA (Appellate Division, now Supreme Court of Appeal). Minister of Safety and Security v Carmichelle 2004 (3) SA 305 (Supreme Court of Appeal). Minister of Safety and Security v Hamilton 2001 (3) 50 (Supreme Court of Appeal). Minister of Safety v Security v Van Duivenboden 2002 (6) SA 431 (Supreme Court of Appeal). Minister van Polisie v Ewels 1975 (3) SA 590 (Appellate Division, now Supreme Court of Appeal). National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others 2002 (2) SA 772 (Constitutional Court). National Coalition for Gay and Lesbian Equality v Minister of Justice 1999 (1) SA 6 (Constitutional Court). NK v Minister of Safety and Security 2005 (6) SA 419 (Constitutional Court). Ntsabo v Real Security CC (2004) 1 BCLR 58 (Labour Court). President of the Republic of South Africa and Another v Hugo 1997 (6) BCLR 708 (Constitutional Court). Pretoria City Council v Walker 1998 (3) BCLR 257 (Constitutional Court). Prinsloo v Van der Linde and Another 1997 (6) BCLR 759 (Constitutional Court). Robinson v Volks 2004 (6) 288 (High Court). S v H 1995 (1) SA 120 (High Court). S v J 1998 (4) BCLR 424 (Supreme Court of Appeal). S v Jordan 2002 (11) BCLR 1117 (Constitutional Court). S v K 1997 (9) BCLR 1283 (High Court). S v Vanqa 2000 (2) SACR 37 (High Court). S v Mpofana 1998 (1) SACR 40 (High Court) Satchwell v President of the Republic of South Africa and Another 2002 (6) SA 1 (Constitutional Court). Van Eden v Minister of Safety and Security (2003) 1 SA 389 (Supreme Court of Appeal). Venter v Nel 1997 4 SA 1014 (High Court). Volks v Robinson 2005 (5) BCLR 466 (Constitutional Court). W and Others v Minister of Correctional Services Case No 2434/96 (High Court). 248
Tanzania Chiku Lidah v Adam Omari Civil Appeal No 34 (1991) (High Court). Ephrahim v Pastory (1990) LRC 757 (High Court). Uganda Law Advocacy for Women in Uganda v Attorney General, Constitutional Petition Numbers 13/05 and 05/06 (2007) 1 (Constitutional Court). Uganda Association of Women Lawyers and Others v Attorney General, Constitutional Petition No 2 of 2003 (2004) 1 (Constitutional Court). United Kingdom Hyde V Hyde and Woodmansee 1866 LR 1 P (Court of Probate and Divorce). Zimbabwe H v H 1999 (2) ZLR 358 (High Court). Magaya v Magaya 1999 (1) ZLR 100 (Supreme Court). Mandizvidza v Chaduka NO and Others 1999(2) ZLR 375 (Supreme Court). S v Banana 2000 3 SA 885 (Supreme Court). Gays and Lesbians of Zimbabwe v The Chairman of the Board of Censors and the Minister of Home Affairs HC6492/96 (High Court). INTERNATIONAL COURTS/TRIBUNALS/TREATY BODIES African Commission on Human and Peoples Rights Achuthan and Another (on behalf of Banda and Others) v Malawi (2000) AHRLR 144 (ACHPR 1995). Democratic Republic of the Congo v Burundi, Rwanda and Uganda (2004) AHRLR 19 (ACHPR 2003). Doebbler v Sudan (2003) AHRLR 153 (ACHPR 2003). Legal Resources Foundation v Zambia 2001 AHRLR 84 (ACHPR 2001) (14 th Annual Activity Report). Purohit and Another v The Gambia (2003) AHRLR 96 (ACHPR 2003). Social and Economic Rights Action Centre (SERAC) and Another v Nigeria (2001) AHRLR 60 (ACHPR 2001). African Court on Human and People’s Rights Matter of Michelot Yogogombaye v The Republic of Senegal (2009). ECOWAS Community Court of Justice Hadijatou Mani Koraou v Republic of Niger ECW/CCJ/JUD/06/08 (2008) Manneh v Gambia ECW/CCJ/JUD/03/08 (2008) 249
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SEXUAL HEALTH AND HUMAN RIGHTS IN T
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TABLE OF CONTENTS ACKNOWLEDGMENTS
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4.9 Marriage and Sexual Orientation
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9.2 Equality and Non-discrimination
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the Universal Declaration and the C
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3.3 Ages of consent to sexual activ
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and the Sexual Offences Act of Sout
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10.3 Though access to contraceptive
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1 INTRODUCTION TO THE STUDY 1.1 Int
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epresentative. Cameroon and Nigeria
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1.5 African Regional Human Rights S
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• receive information; 18 • bes
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provisions of the African Charter,
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[15] The Protocol to the African Ch
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and the International Covenant on E
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Though Africa has, at least, fourte
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Community has largely not been acti
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said that while the requirement of
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eproductive autonomy. The fact that
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Cairo and Beijing Conferences. 96 C
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the Treaty and to adjudicate disput
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elimination of conflicts, and that
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anchored in development, New Partne
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In respect of the assumption by col
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It is significant that the above ob
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(1) In the interpretation of all la
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primogeniture rule was a violation
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Islamic Shari’ah has become an im
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1.17 Conclusions [62] The African C
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2 EQUALITY AND NON-DISCRIMINATION 2
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• Covenant on Economic, Social an
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Shar’iah leave no room for compat
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The Commission shall also take into
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d) take corrective and positive act
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their children that were born durin
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The Court said that, as far as poss
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We, people of Cameroon, Declare tha
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with respect to that matter which i
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(i) to a fair disposition of proper
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article 7 of the Universal Declarat
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[37] On their own, inheritance or s
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• clearly situate equality and no
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ape. In Fraser v Children’s Court
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2.8 Marital Status and African Char
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[52] The Court said that in giving
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[59] The decision of the Constituti
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Rights ought to be interpreted to p
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[68] It is not just in constitution
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Benin 295 and Burkina Faso 296 Guin
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Botswana in Kanane v The State, 310
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orientation is a protected status i
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[85] In reaching its conclusion tha
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legally sanctified heterosexual heg
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[95] South Africa provides an excep
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[99] Though sexual harassment is a
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(1) Sexual harassment may include u
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the workplaces. The scope of Zimbab
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3 PENALIZATION OF SEXUALITY AND SEX
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him, or attempts to procure the com
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care services, employment, or educa
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Special Provisions Act of 1998 394
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[25] The appellant appealed against
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and female victims. Sixteen years i
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[38] The other side of the argument
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een conducted to ascertain whether
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transmission, the Acts seek to: 1)
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HIV to another person as doing some
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Section 80 of the Zimbabwean Crimin
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4 REGULATION OF MARRIAGE AND THE FA
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of marriage to be eighteen years an
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legislation which sought to reflect
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[16] On the one hand, the Ugandan C
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Offences Act of 1998, prescribes 18
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Though a dying practice, leviratic
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[35] The Women’s Convention requi
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therefore, invalid under the Consti
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of gay and lesbian couples, paved t
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Safiyyatu Husseini 534 an alleged a
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5 VIOLENCE: SEXUAL VIOLENCE AND GEN
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5.2 SEXUAL VIOLENCE: REGIONAL FRAME
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the southern part of Nigeria is rep
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without her consent involving penet
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definition of rape should extend in
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human dignity, privacy and freedom
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A male person commits the offence o
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and if accepted concludes the matte
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developing the common law or custom
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internal security of the Republic.
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constitutional norm of separation o
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Children’s Charter, specifically,
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(e) maintains or hires a person to
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and coordinating with other domesti
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psychological abuse; economic abuse
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time, the Zimbabwean Act is differe
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5.11 Female Genital Mutilation: Pre
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cause prolapsed and vaginal fistula
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way of inference, are even more rea
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same time, Nigeria has federal poli
Page 197 and 198: designing legislation that is inten
Page 199 and 200: physical and mental health’. 708
Page 201 and 202: [9] Whilst health care facilities m
Page 203 and 204: failed to adopt a reasonable measur
Page 205 and 206: Nigerian constitution make referenc
Page 207 and 208: contraception and other sexual heal
Page 209 and 210: The requirement to obtain consent d
Page 211 and 212: Act of 1967. 782 Under English comm
Page 213 and 214: eligion, belief and opinion 796 and
Page 215 and 216: [42] The Constitutional Court held
Page 217 and 218: [49] In EN and Others v The Governm
Page 219 and 220: [58] Termination of pregnancy remai
Page 221 and 222: sexuality. 818 Education must seek
Page 223 and 224: countries. 838 When posited in this
Page 225 and 226: the application of this Act the con
Page 227 and 228: Nigeria 851 and Uganda 852 have sta
Page 229 and 230: 8 SEX WORK 8.1 Introduction [1] The
Page 231 and 232: [7] Like Zimbabwe, Kenya criminaliz
Page 233 and 234: merchant as the merchant is likely
Page 235 and 236: particular as someone who is so mor
Page 237 and 238: discharge its treaty obligations, i
Page 239 and 240: marriages generally recognize marri
Page 241 and 242: emphasis on physical violence as a
Page 243 and 244: [38] Though access to contraceptive
Page 245 and 246: 245
Page 247: South Africa B and Others v Ministe
Page 251 and 252: BIBLIOGRAPHY: LEGISLATIVE INSTRUMEN
Page 253 and 254: Guinea Constitution of Guinea of 19
Page 255 and 256: Female Circumcision (Prohibition) L
Page 257 and 258: Togo Constitution of Togo of 1992 L
Page 259: SELECT BIBLIOGRAPHY Banda F Women,
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