Editorial 2008 (2)
There can be no peace without development. This powerful statement, once made by Cuban ex-President Fidel Castro to a conference of the Movement of Non-Aligned Countries, has been echoed so widely that it has become almost trite. Yet it continues to capture one of the most central challenges that...
Children’s rights, international human rights and the promise of Islamic legal theory
|The focus of this article is to explore the critical dimensions of Islamic legal theory pertaining to the rights of children, particularly the potential of this theory to reinforce the theoretical understanding of children’s rights within the international human rights corpus. Even though there has been scholarly inertia in this...|
Effects of forced genital cutting on human rights of women and female children: The Nigerian situation
Amos Adeoye Idowu reflects on a highly controversial cultural practice which continues to have a deep impact on women's right to equality, physical integrity, dignity and privacy: female genital mutilation (FGM). One of the greatest paradoxes in many nations, he argues, is the increasing contrast between achievements in struggles against...
Free trade or just trade? The World Trade Organisation, human rights and development (Part 1)
Cephas Lumina critically examines the role of the World Trade Organisation (WTO). In recent years, it is noted, the organisation's agenda of trade liberalisation, its perceived lack of accountability and insensitivity to human rights have attracted intense criticism.
It has been asserted that provisions of WTO agreements concerning agricultural...
Public Participation: What has the Constitutional Court given the public?
In LDD's first Xhosa-language article, Linda Nyati explores the duty to facilitate public participation in legislative processes in terms of sections 59(1) (a), 72(1) (a) and 118(1) (a) of the Constitution. This issue, the article demonstrates, is highly pertinent to citizens in grappling with the inner working of...
The Constitutional state in the developing world in the age of globalisation: From limited government to minimum democracy
|Mahao, Nqosa L|
Nqosa L Mahao argues that the concept of the constitutional state has its genesis in the evolution of constitutionalism in Europe. Its basic elements, of the rule of law, separation of powers, independence of the judiciary, were born of a specific agenda of restraining the holders of political power...
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
|Mujuzi, Jamil Ddamulira|
Jamil Ddamulira Mujuzi notes that, at the time of ratifying the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa ('the Protocol'), South Africa made several reservations and interpretive declarations. The reservations related to the imposition of the death penalty on...