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

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Olajide Afolabi v Nigeria Suit No ECW/CCJ/APP/01/03 (2004). Ugokwe v Nigeria ECW/CC/APP/02/05 (2005) European Court on Human Rights Dudgeon v United Kingdom (1982) 4 EHHR 149 Modinos v Cyprus (1993) ECHR 19 Norris v Republic of Ireland (1991) 13 EHRR 186 Human Rights Committee Joslin v New Zealand (Communication No 902/1999) (2002) Toonen v Australia Communication Number 488/1992, United Nations Human Rights Committee Document No CCPR/C/50/D/488/1992 (1994) International Criminal Tribunal for Rwanda Prosecutor v Ayekesu Case ICTR-96-4-T (1998) International Criminal Tribual for Yugoslavia Prosecutor v Furundzija Case No ICTY-95-17/1 (1998) Tribunal of the Southern African Development Community Mike Campbell (Pvt) Ltd & Others v The Republic of Zimbabwe (2008) SADCT 1, Case No 2/2007 (2007) 250
BIBLIOGRAPHY: LEGISLATIVE INSTRUMENTS AFRICA: DOMESTIC INSTRUMENTS Algeria Algerian Family Code of 1984 Constitution of Algeria of 1976 Benin Benin’s Law on Prevention, Care and Control of HIV/AIDS. Law No 2005-31 of 5 April, 2006 Constitution of Constitution of Benin of 1990 Botswana Citizenship Act of 1982 Constitution of Botswana of 1966 Domestic Violence Act of 2007 Penal Code of Botswana, Chapter 08:01 Burkina Faso Burkina Faso: Law No 43/96/ADP of 13 November 1996 Burkina Faso’s Law 049-2005/AN Constitution of Burkina Faso of 1991 Burkina Faso’s Law 049-2005/AN Burundi Constitution of Burundi of 2004 Cameroon Constitution of Cameroon of 1972 Civil Code and Civil Status Ordinance of 1981 Penal Code of 1965 as amended National Policy on Family Planning Act of 1980 251
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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
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designing legislation that is inten
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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 and 248: South Africa B and Others v Ministe
Page 249: Tanzania Chiku Lidah v Adam Omari C
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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