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Land grabbing in Ethiopia and Madagascar: Balancing respect for human rights of victims with development needs through land investments
(University of the Western Cape, 2020)
Many African states are in dire need of economic development to alleviate poverty, enhance the quality of life of peoples and bring development home. To meet this aim, land investments have been the preferred mode of ...
Revisiting the definition of a firearm in South Africa: a need for reform?
(University of the Western Cape, 2020)
South Africa‟s definition of a firearm is quite broad, yet it excludes various devices that
have the same lethal effects as a firearm. This is informed by the various principles that
have been developed by the courts in ...
Criminalisation of sex work as a human rights violation against women in South Africa
(University of the Western Cape, 2020)
There is considerable and often emotive debate around the topic of sex work. Sex work is either
criminalised, decriminalised, or legalised depending on the country. In South Africa, sex work is
criminalised in section ...
The hidden truth: A critical examination of Uganda’s transitional justice legal and policy reforms on truth-seeking
(University of Western Cape, 2021)
In the past, analyses of Uganda’s Transitional Justice legal and policy measures on truth-seeking have been focussed on evaluating the efficacy of a truth commission. However, being cognizant of the limitations entailed ...
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
(University of the Western Cape, 2021)
This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ...
Post-1996 service delivery in South Africa: Constitutional and social contract perspectives
(University of the Western Cape, 2022)
The human rights movement, which emerged after the end of the Second World War, has created consensus in the international community that basic social amenities are indispensable for human development. These amenities are ...
Comparative analysis of the legal framework for adoption under African customary law
(University of the Western Cape, 2022)
While there is a comprehensive legal framework for the adoption of children under statutory
law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption.
This study explored how the ...
Judicial balancing of cultural relativism and universalism of human rights in post-Apartheid South Africa
(University of the Western Cape, 2022)
Globalisation did not only bring about major political, social and economic changes; it also strengthened the global reach of universalism of human rights. The concept of universal human rights is presently reconstructing ...
Juvenile liability in armed conflicts: Determining the age of criminal responsibility for crimes relevant to International Humanitarian Law
(University of the Western Cape, 2022)
International Law in general seems to saunter on the vague lines of the minimum age of criminal responsibility in armed conflicts. For example, in terms of International Human Rights Law (IHRL), as provided in the Geneva ...
Access to reproductive health and rights for indigenous women in Zimbabwe: A case of the San community in Tsholotsho and Plumtree
(University of the Western Cape, 2023)
Access to healthcare, including reproductive health, is an essential human right that necessitates the attainment of human development, non-discrimination between genders, and promotes women’s rights. Reproductive health ...