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7 Closing the Circle
This theoretical inquiry into the limitations of liberal and multicultural compromise in the political arena focuses on the geopolitical situation in South Africa, where especially adamant collective views threaten the rights of individuals, minority communities, and the tenets of human rights that are enshrined in its constitution.
4. Health and HIV/AIDS
The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.
"Omudile muua ohapo; epangelo liua ohamba". Freely translated, this proverb of the Ovakwanyama of northern Namibia means: "New leaves produce a good shade; the laws of a king are always as good as new". The proverb paints a picture of wisdom to express the dialectical relationship between continuity and change in customary law. Since royal orders are supposed not to change from one king to the next, they are always as good as new, reads the explanatory note to the proverb by the anthropologist Loeb, who recorded the proverb. Traditional authority is like a tree standing on its roots, rooted in the tradition created by the ancestors of the ruler and the community. These roots remain firm, stable and unchanged, not so the concrete manifestation of authority that changes and responds to changes of the environment. This makes that new leaves are produced by the rooted tree. The new leaves are new and old. They are old, because in structure, colour and their capacity to protect by giving shade, they are more or less like the leaves of last year and the year before; they are new because they react to the challenge of seasons. The Shade of New Leaves emerged out of an international conference on the living reality of customary law and traditional governance held in Windhoek in 2004. The conference was organised by the Centre for Applied Social Sciences and the Human Rights and Documentation Centre, both affiliated to the Faculty of Law of the University of Namibia, in co-operation with the Law Departments of the Universities of Bremen, Germany, and the School of Oriental and African Studies, University of London. The contributions to this book are grouped into six parts: Part 1: Legal pluralism, traditional governance and the challenge of the democratic constitutional order * Part 2: Traditional administration of justice revisited * Part 3: Ascertaining customary law: prerequisite of good governance in traditional authority * Part 4: Legal philosophy, African philosophy and African jurisprudence * Part 5: Research, training and teaching of customary law * Part 6: Afterthoughts
'Born of War' examines the human rights of children born of wartime rape and sexual exploitation in worldwide conflict zones. Detailing the impacts of armed conflict on these children's survival, protection and membership rights, the text suggests that these children constitute a particularly vulnerable category in conflict zones.
It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.
This book analyses the Convention on the Elimination of All Forms of Discrimination against Women in various international, regional and national contexts.
Interdisciplinary Approaches to Human Rights: History, Politics, Practice is an edited collection that brings together analyses of human rights work from multiple disciplines. Within the academic sphere, this book will garner interest from scholars who are invested in human rights as a field of study, as well as those who research, and are engaged in, the praxis of human rights. Referring to the historical and cross-cultural study of human rights, the volume engages with disciplinary debates in political philosophy, gender and women’s studies, Global South/Third World studies, international relations, psychology, and anthropology. At the same time, the authors employ diverse methodologies including oral history, theoretical and discourse analysis, ethnography, and literary and cinema studies. Within the field of human rights studies, this book attends to the critical academic gap on interdisciplinary and praxis-based approaches to the field, as opposed to a predominantly legalistic focus, drawing from case studies from a wide range of contexts in the Global South, including Bangladesh, Colombia, Haiti, India, Mexico, Palestine, and Sudan, as well as from Australia and the United States in the Global North. For students who will go on to become researchers, practitioners, policy makers, and activists, this collection of essays will demonstrate the multifaceted landscape of human rights and the multiple forces (philosophical, political, cultural, economic, historical) that affect it.
Recent years have seen a growing world-wide concern about men and boys. Do boys have appropriate role models at home? Are girls outperforming boys at school? Is men's health under undue pressure?