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Category: Legal Opinions

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Legal Opinion 231 - The People vs. John Chishimba (Zambia)

Created 09-Jun-2007   417.69 KB   1,248 Downloads

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Legal Opinion 262 - Prolonged detention of a minor in Malawi

Created 09-Jun-2007   98.32 KB   1,134 Downloads

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Legal Opinion 030 - Discrimination Cote d'voire

Created 09-Jun-2006   116.48 KB   1,702 Downloads

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Legal Opinion 069 - Housing South Africa

South Africa is a party to all the major International Human Rights Instruments, many of which guarantee the right to freedom of information to an extent, as well as a qualified guarantee to the right to housing. In the present case, South Africa’s domestic legislation provides more protection of both of these rights for its citizens. Under South Africa’s Constitution and domestic legislation, the State is obliged to prevent Private actors from denying persons information without reasonable justification where such a denial leads to a violation of the right to housing, the right to freedom of information, or the right to non-discrimination.

Created 09-Jun-2006   136.03 KB   1,405 Downloads

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Legal Opinion 087 - Child Custody Nigeria

The applicant, a woman is claiming custody of her children whom her husband took away from her. Nigeria is a signatory to the UDHR and to the Convention on the Rights of the Child and is bound by these instruments to apply certain standards with regard to child custody. This case primarily concerning questions on the custody of the children should focus on the ‘best interest of the child’ standard.

Created 09-Jun-2006   147.23 KB   1,547 Downloads

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ICJ Kenya Position Paper - Rome Statutute

Created 09-Jun-2006   217.6 KB   1,433 Downloads

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Legal Opinion 105 - Women's Rights in Tanzania

Tanzania is bound by the Convention on the Elimination of Violence Against Women (CEDAW), as well as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women (Women’s Protocol). Tanzania is also a signatory to most other major international human rights instruments, including International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention in the Rights of the Child (CRC). Under its international obligations, Tanzania is required to guarantee the rights of women in effect as well as to interpret legislation so as to meaningfully apply these rights.

Created 09-Jun-2006   175.67 KB   1,485 Downloads

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Legal Opinion 112 - Equal Rights to Citizenship Tanzania

Tanzania is under international obligations to ensure that women are not discriminated against. Tanzania is bound by the International Convention on the Elimination of Discrimination Against Women (CEDAW), the International Convention on Civil and Political Rights (ICCPR) as well as various other international and regional instruments that guarantee the right to non-discrimination. The present case overtly treats women differently to men in relation to citizenship rights of a spouse. By denying the applicant (Sion Gabriel) the same rights as men to confer citizenship on her spouse, merely because she is a woman is in clear violation of international human rights law.

Created 09-Jun-2006   195.24 KB   1,505 Downloads

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Legal Opinion 132 - 133 - 134: Housing Rights Ghana

The right to housing is protected in many international instruments, in primis the International Covenant on Economic, Social, Cultural Rights, a treaty to which the State of Ghana is party. Forced evictions are allowed only in exceptional circumstances, with due procedural forms and with the provision of compensation and alternative and adequate resettlements. Governments are responsible under the Covenant that there are no homeless as a result of the evictions.

Created 09-Jun-2006   189.67 KB   1,760 Downloads

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Legal Opinion 223 - FHRI vs Attorney General of Uganda

Created 09-Jun-2006   197.19 KB   1,374 Downloads

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