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This publication contains the 2022 Second Round Combined Peer Review on the Exchange of Information on Request for South Africa.
This publication contains the 2021 Second Round Peer Review Report on the Exchange of Information on Request of South Africa. It refers to Phase 1 only (Legal and Regulatory Framework).
In a country as diverse as South Africa, sickness and health often mean different things to different people – so much so that the different health definitions and health belief models in the country seem to have a profound influence on the health-seeking behaviour of the people who are part of our vibrant, multicultural society. This book is concerned with the integration of indigenous health knowledge (IHK) into the current Western--orientated Primary Health Care (PHC) model. The first section of the book highlights the challenges facing the training of health professionals using a curriculum that is not drawing its knowledge base from the indigenous context and the people of that context. Such professionals will later recognise that they are walking without limbs in matters pertaining to health. The area that was chosen for conducting the research was KwaBomvana in Xhora (Elliotdale), Eastern Cape province, South Africa. The people who reside there are called AmaBomvana. The area where the Bomvana peoples reside is served by Madwaleni Hospital and eight surrounding clinics. Qualitative ethnographic, feminist methods of data collection supported the research done for Section 1 of the book. Section 2 comprises the translation and implementation of PhD study outcomes and had contributions from various researchers. In the critical research findings of the PhD study, older Xhosa women identify the inclusion of social determinants of health as vital to the health problems they managed within their homes. For them, each disease is linked to a social determinant of health, and the management of health problems includes the management of social determinants of health. For them, it is about the health of the home and not just about the management of disease. They believe that healthy homes make healthy villages, and that the prevention of the development of disease is related to the strengthening of the home. Health and illness should be seen within both physical and spiritual contexts; without health, there can be no progress in the home. When defining health, the older Xhosa women add three critical components to the WHO health definition, namely, food security, healthy children and families, and peace and security in their villages. Prof. Mji further proposes that these three elements should be included in the next revision of the WHO health definition because they are not only important for the Bomvana people where the research was conducted, but also for the rest of humanity. In light of the promise of National Health Insurance and the revitalisation of PHC, this book proposes that these two major national health policies should take cognisance of the IHK utilised by the older Xhosa women. In addtion to what this research implies, these policies should also take note of all IHK from the indigenous peoples of South Africa, Africa and the rest of the world, and that there should be a clear plan as to how the knowledge can be supported within a health care systems approach.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how South Africa deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in South Africa. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
An overview of the scope and limitations of professional secrecy in the European Union, the European Economic Area and Switzerland.
Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography