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

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Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007 Domestic Violence Act Employment Equity Act of 1998 Guardianship Act of 1993 Intestate Succession Act of 1987 Judges Remuneration and Conditions of Employment Act of 1989 Labour Relations Act of 1995 Maintenance of Surviving Spouses Act of 1990 Marriage Act Marriage Act of 1961 National Health Act of 2003 Police Act of 1995 Prevention of Family Violence Act of 1993 Promotion of Access to information Act of 2000 Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 Recognition of Customary Law Marriages Act of 1998 Recognition of Customary Marriages Act of 1998 Regulations in respect of Judges, Administrative Recesses, Leave, Transport and Allowance in respect of Transport, Travelling and Subsistence (GNR939, 6 June 1995). Sexual Offences Act of 1957 Social Assistance Act of 1992 Welfare Laws Amendment Act of 1998 Sudan Criminal Code of Sudan Swaziland Constitution of Swaziland of 2005 Administrative Order No 6 of 1998 Tanzania Constitution of Tanzania of 1977 HIV/AIDS (Prevention and Control Act) of 2008 Laws of Inheritance of the Declaration of Customary Law of 1963 Local Customary Law (Declaration) of 1963 Magistrates Court Act of 1963 Marriage Act of 1971 Penal Code Sexual Offences (Special Provisions) Act of 1998 256
Togo Constitution of Togo of 1992 Law on the Protection of People with Respect to HIV/AIDS No 2005-012 (2005) Uganda Constitution of Uganda of 1995 Hindu Marriage and Divorce Act of 1955 Marriage Act of 1904 Marriages of Africans Marriage Act of 1904 Penal Code of 1950 Zambia Constitution of Zambia of 1991 Zimbabwe Amendment No 17 to the Constitution Censorship and Entertainments Control Act of 1967 Constitution of Zimbabwe of 1979 Criminal Law (Codification and Reform) Act of 2004 Customary Law and Local Courts Act of 1990 Customary Marriage Act of 1917 as amended Labour Relations Act of 1985 Marriage Act of 1939 AFRICA: REGIONAL INSTRUMENTS African Union Constitutive Act of the African Union of 2000 African Charter on Human and Peoples’ Rights-based Instruments African Charter on Human and Peoples’ Rights of 1994 African Charter on the Rights and Welfare of the Child of 1990. Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights 1998. Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa of 2003. 257
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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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physical and mental health’. 708
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[9] Whilst health care facilities m
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failed to adopt a reasonable measur
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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
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Page 247 and 248: South Africa B and Others v Ministe
Page 249 and 250: Tanzania Chiku Lidah v Adam Omari C
Page 251 and 252: BIBLIOGRAPHY: LEGISLATIVE INSTRUMEN
Page 253 and 254: Guinea Constitution of Guinea of 19
Page 255: Female Circumcision (Prohibition) L
Page 259: SELECT BIBLIOGRAPHY Banda F Women,
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