Ebenezer Durojaye
Dados Biográficos
| ID | 207202 |
|---|---|
| NOME | Ebenezer Durojaye |
| PRENOMES | Ebenezer |
| SOBRENOME | Durojaye |
| ASSINATURA | DUROJAYE E |
| AFILIAÇÕES | University of the Western Cape |
| ORCID | 0000-0002-7182-4096 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 32 |
| TOTAL DE CITAÇÕES | 18 |
| TOTAL COMO AUTOR | 29 |
| TOTAL COMO EDITOR | 3 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2008 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 3 |
Harmful Practices and Human Rights
The Contribution of Uganda's Constitutional Court Petition No 16 Judgment to the Right of Access to Quality Emergency Obstetric Care under International Law
On 19 August 2020, the Constitutional Court of Uganda handed down a landmark judgment on maternal health rights in Uganda. This judgment held that the State of Uganda was responsible for violating the right to health, non-discrimination, life and inhuman and degrading treatment of women under international law and Ugandan constitutional law for its failure by omission to provide basic emergency obstetric care in public facilities. This article ex…
Ensuring Equal and Inclusive Rights to Access Sexual and Reproductive Health Services for Adolescent Girls with Disabilities in Africa
In many African societies, access to sexual and reproductive health care services for adolescent girls remains very problematic. This is due to a number of reasons, including socio-cultural factors, influence of religion, negative attitudes of health care providers and legal and policy barriers. The situation is further compounded for adolescent girls with disabilities, as many of them are perceived as asexual and unable to make decisions about t…
Editors’ Foreword
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Preventing diet-related non-communicable diseases
In South Africa, while the state has acknowledged the link between the food environment and poor health outcomes, it has done little to regulate and address the underlying determinants, and food and nutrition insecurity remains rife. Moreover, effectively preventing diet-related non-communicable diseases requires states to actively reduce the availability of unhealthy foods and enforce measures to improve access to healthy foods. This calls for s…
Realising Socio-Economic Rights of Refugees and Asylum Seekers in Africa
Constitutional Resilience and the Covid-19 Pandemic
Constitutional Resilience and the Covid-19 Pandemic
Advancing Sexual and Reproductive Health and Rights in Africa
Botswana has seen a steady rise in progressive decisions on the rights of LGBTI \npersons. Most markedly, in a unanimous decision poised to set the pace for \njuridical recognition of LGBTI rights in Africa, the Botswana High Court \ndecriminalized same-sex sexual practices between consenting adults in private.1 \nThe Court in Letsweletse Motshidiemang v Attorney General, determined that the \n‘regulation of conduct deemed indecent, done in priva…
Introduction
Following its arrival in African countries in February 2020, COVID-19 has severely tested fragile health systems and economies. Since then, it has taken a heavy toll on individual lives and collective wellbeing. In late February 2021, "all 47 countries [in the World Health Organization (WHO) African region] had reported a total of 2,789,965 confirmed cases and 71,204 deaths with case fatality rate of 2.6%". 1 With limited availability of vaccines…
Between a rock and a hard place
A State's response to a public emergency like a pandemic constitutes a critical test on its commitment to the effective implementation of human rights. The COVID 19 pandemic has infected over 54 million people and led to approximately 1.3 million deaths leaving a toll on the enjoyment of human rights. South Africa's figures of over 1 million infections and close to 21,000 deaths make it Africa's epicentre. This also presents an opportunity to tak…
Advancing Sexual and Reproductive Health and Rights in Africa
Legal empowerment as a tool for engendering access to justice in South Africa
This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women. It argues that while access to justice remains a challenge for many vulnerable and marginalised gr…
International human rights norms and the South African choice on termination of pregnancy act
The right to access abortion services as an integral component of the right to sexual and reproductive health (SRH) has been increasingly recognised in the field of international human rights law. However, much more progress is necessary to realise this right in practice. The work of the United Nations human rights bodies and more recently the African Commission on Human and Peoples’ Rights has been instrumental in signalling the importance of th…
Involuntary Sterilisation as a Form of Violence against Women in Africa
This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in Government of Namibia v LM and argues that the court fails to consider involuntary sterilisation as a form of human rights violation, particularly violence against women. The article contends tha…
Human rights and access to healthcare services for indigenous peoples in Africa
In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the position of disadvantaged and vulnerable groups in societies. One of the over-arching goals of the SDGs is to ensure that no one is left behind in the realisation of their access to health care. African governments are obligate…
Between rhetoric and reality
The purpose of this article is to examine the socio-cultur.il challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality- denial of inheritance rights, sexual violence and early/ child marriage-in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures ta…
Between rhetoric and reality
The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/ child marriage -in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures t…
Equally unequal or unequally equal’
The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach to interpreting section 42 of the Constitution. Rather, the courts have tended to adopt the formal equality approach to interpreting the section. Analysing some decisions of the Court of Appeal and the Supreme Court, the artic…
Litigating the Right to Health in Africa
The human rights implications of virginity testing in South Africa
This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major arguments to support the reintroduction of virginity testing, namely, that it helps in reducing the spread of HIV and in preserving societal moral values are critically examined. Thereafter, the article discusses how the ever c…
The African Commission on Human and People’s Rights and the woman question
The ILO Social Protection Floors Recommendation 202, and poverty reduction
This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant provisions of the Recommendation and how states, particularly those in developing regions, can translate them to a tool for poverty reduction. The article highlights some of the deficiencies of ILO Recommendation 202 and provides som…
The African Women's Protocol and sexual rights
‘Sexual rights' are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care services. The entry point for the notion of sexual rights in the international community was the World Conference on Human Rights in Vienna. The conference affirmed for the first time that acts of violence against women impair an…
The implications of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
Oil is a major source of income for Nigeria and it is the mainstay of the country's economy. Nigeria's intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of 14.71% of the country's total export between 2006 and 201111. National Bureau of Statistics, Review of the Nigerian Economy in 2011 & Economic Outlook for 2012–2015 (May 2012), 8, http://www.nigerianstat.gov.ng (accessed July 12, 20…
Woman, But Not Human
This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria for gender equality. It argues that the plural legal system in the country, which encourages the application of statutory law side by side with customary law, can potentially undermine women’s fundamental rights. The article then d…
Legal empowerment as a tool for engendering access to justice in South Africa
This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women. It argues that while access to justice remains a challenge for many vulnerable and marginalised gr…
Involuntary Sterilisation as a Form of Violence against Women in Africa
This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in Government of Namibia v LM and argues that the court fails to consider involuntary sterilisation as a form of human rights violation, particularly violence against women. The article contends tha…
The human rights implications of virginity testing in South Africa
This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major arguments to support the reintroduction of virginity testing, namely, that it helps in reducing the spread of HIV and in preserving societal moral values are critically examined. Thereafter, the article discusses how the ever c…
The ILO Social Protection Floors Recommendation 202, and poverty reduction
This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant provisions of the Recommendation and how states, particularly those in developing regions, can translate them to a tool for poverty reduction. The article highlights some of the deficiencies of ILO Recommendation 202 and provides som…
The African Women's Protocol and sexual rights
‘Sexual rights' are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care services. The entry point for the notion of sexual rights in the international community was the World Conference on Human Rights in Vienna. The conference affirmed for the first time that acts of violence against women impair an…
The implications of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
Oil is a major source of income for Nigeria and it is the mainstay of the country's economy. Nigeria's intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of 14.71% of the country's total export between 2006 and 201111. National Bureau of Statistics, Review of the Nigerian Economy in 2011 & Economic Outlook for 2012–2015 (May 2012), 8, http://www.nigerianstat.gov.ng (accessed July 12, 20…
Addressing Human Rights Concerns Raised by Mandatory HIV Testing of Pregnant Women through the Protocol to the African Charter on the Rights of Women
This article considers the importance of preventing mother to child transmission of HIV in Africa. It argues, however, that any approach to achieving this aim must be consistent with respect for human rights. In particular, it argues that mandatory HIV testing of pregnant women violates their rights to autonomy, health and reproductive care, and non-discrimination, all guaranteed in the Protocol to the African Charter on the Rights of Women and o…
Turning Paper Promises to Reality
This article examines the history of national human rights institutions (NHRIs) in general including their establishment in Africa. Using examples from three countries – Malawi, Nigeria and South Africa – it critically analyses the promotional and protective mandates of these institutions in Africa and then argues that their experience over the years in promoting human rights in their domains can similarly be useful in advancing adolescents' sexu…
A human rights response to cervical cancer in Africa
This article examines the prevalence and impacts of human papilomavirus (HPV) transmission among women in Africa. It then examines the relevance of a rights-based approach to health-related challenges such as cervical cancer. In particular, the article argues that ensuring access to comprehensive programmes for the prevalence and impact of cervical cancer in Africa is a human rights issue which demands the urgent attention of African governments.…
Human Rights Implications of Mandatory Premarital HIV Testing in Nigeria
This article considers the implications of public health policy on the enjoyment of individuals’ fundamental rights. It specifically examines the appropriateness of mandatory premarital human immunodeficiency virus (HIV) testing in Nigeria. In doing this, the article discusses the importance of health as a human right, explains the relationship between public health and human rights, and the impact of the HIV/acquired immunodeficiency syndrome pa…
The impact of routine HIV testing on HIV-related stigma and discrimination in Africa
This paper discusses different methods of human immunodeficiency virus (HIV) testing, particularly routine and voluntary HIV testing methods, which have been adopted in response to the HIV epidemic in Africa. It then examines the importance of HIV testing as a tool for the prevention and treatment of infected and affected persons. The paper argues that although routine HIV testing is important in scaling up HIV testing in Africa, it may not neces…
Substantive Equality and Maternal Mortality in Nigeria
Introduction: It is a tragedy that in the 21st century, when man has explored the moon and other planets and made significant advancement in science and technology, women should continue to die during pregnancy and childbirth. Although recent studies show a significant decline in the number of maternal deaths worldwide (Horgan et al. 2010), nonetheless, it was still estimated that 287,000 women died during pregnancy and childbirth in 2010 (WHO et…
The implications of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
Oil is a major source of income for Nigeria and it is the mainstay of the country's economy. Nigeria's intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of 14.71% of the country's total export between 2006 and 201111. National Bureau of Statistics, Review of the Nigerian Economy in 2011 & Economic Outlook for 2012–2015 (May 2012), 8, http://www.nigerianstat.gov.ng (accessed July 12, 20…
Woman, But Not Human
This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria for gender equality. It argues that the plural legal system in the country, which encourages the application of statutory law side by side with customary law, can potentially undermine women’s fundamental rights. The article then d…
The African Women's Protocol and sexual rights
‘Sexual rights' are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care services. The entry point for the notion of sexual rights in the international community was the World Conference on Human Rights in Vienna. The conference affirmed for the first time that acts of violence against women impair an…
The ILO Social Protection Floors Recommendation 202, and poverty reduction
This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant provisions of the Recommendation and how states, particularly those in developing regions, can translate them to a tool for poverty reduction. The article highlights some of the deficiencies of ILO Recommendation 202 and provides som…
Litigating the Right to Health in Africa
The human rights implications of virginity testing in South Africa
This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major arguments to support the reintroduction of virginity testing, namely, that it helps in reducing the spread of HIV and in preserving societal moral values are critically examined. Thereafter, the article discusses how the ever c…
The African Commission on Human and People’s Rights and the woman question
Human rights and access to healthcare services for indigenous peoples in Africa
In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the position of disadvantaged and vulnerable groups in societies. One of the over-arching goals of the SDGs is to ensure that no one is left behind in the realisation of their access to health care. African governments are obligate…
Between rhetoric and reality
The purpose of this article is to examine the socio-cultur.il challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality- denial of inheritance rights, sexual violence and early/ child marriage-in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures ta…
Between rhetoric and reality
The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/ child marriage -in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures t…
Equally unequal or unequally equal’
The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach to interpreting section 42 of the Constitution. Rather, the courts have tended to adopt the formal equality approach to interpreting the section. Analysing some decisions of the Court of Appeal and the Supreme Court, the artic…
Involuntary Sterilisation as a Form of Violence against Women in Africa
This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in Government of Namibia v LM and argues that the court fails to consider involuntary sterilisation as a form of human rights violation, particularly violence against women. The article contends tha…
International human rights norms and the South African choice on termination of pregnancy act
The right to access abortion services as an integral component of the right to sexual and reproductive health (SRH) has been increasingly recognised in the field of international human rights law. However, much more progress is necessary to realise this right in practice. The work of the United Nations human rights bodies and more recently the African Commission on Human and Peoples’ Rights has been instrumental in signalling the importance of th…
Legal empowerment as a tool for engendering access to justice in South Africa
This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women. It argues that while access to justice remains a challenge for many vulnerable and marginalised gr…
Advancing Sexual and Reproductive Health and Rights in Africa
Botswana has seen a steady rise in progressive decisions on the rights of LGBTI \npersons. Most markedly, in a unanimous decision poised to set the pace for \njuridical recognition of LGBTI rights in Africa, the Botswana High Court \ndecriminalized same-sex sexual practices between consenting adults in private.1 \nThe Court in Letsweletse Motshidiemang v Attorney General, determined that the \n‘regulation of conduct deemed indecent, done in priva…
Introduction
Following its arrival in African countries in February 2020, COVID-19 has severely tested fragile health systems and economies. Since then, it has taken a heavy toll on individual lives and collective wellbeing. In late February 2021, "all 47 countries [in the World Health Organization (WHO) African region] had reported a total of 2,789,965 confirmed cases and 71,204 deaths with case fatality rate of 2.6%". 1 With limited availability of vaccines…
Between a rock and a hard place
A State's response to a public emergency like a pandemic constitutes a critical test on its commitment to the effective implementation of human rights. The COVID 19 pandemic has infected over 54 million people and led to approximately 1.3 million deaths leaving a toll on the enjoyment of human rights. South Africa's figures of over 1 million infections and close to 21,000 deaths make it Africa's epicentre. This also presents an opportunity to tak…
Advancing Sexual and Reproductive Health and Rights in Africa
Constitutional Resilience and the Covid-19 Pandemic
Political science (28 obras) · Human rights (21 obras) · Law (21 obras) · Human Rights and Development (16 obras) · Law (16 obras) · Sociology (15 obras) · International Human Rights and Reproductive Law (12 obras) · Medicine (11 obras) · Economics (10 obras) · Economic growth (9 obras)