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An amendment to the Constitution of Cote d’Ivoire differentiates against foreigners and their descendants by restricting their rights to enjoyment of property on the mere basis of their nationality. This different of treatment constitutes unfair discrimination and violates the right to freedom from discrimination. Furthermore, it violates the rights of foreigners to compensation in case of deprivation.

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The arrest and subsequent charge and trial of Ousman Dumo of treason in The Gambia violated his right to a fair trial and The Gambia’s obligations under the African Charter for Human and Peoples’ Rights.

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The Children’s Act, 2001 of Kenya, which was enacted in order to incorporate the provisions of the Convention of the Rights of the Child into Kenyan law falls short of the positive duty imposed by the CRC and negates the legitimate expectation of the child of an unmarried couple to parental responsibility of both parents notwithstanding their marriage status. The provisions are arbitrary and discriminative of the rights of the child and the father in such cases. The court has an obligation to develop the Children’s Act to comply fully with the norms of parental responsibility and the best interests of any child, irrespective of the marriage status of its mother.

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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.

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The issue for decision in this case can be briefly stated: What human rights claims exist under international human rights conventions and Nigerian law for an employee - in this case Taire Johnson- who has been dismissed from private employment on the basis of an erroneous diagnosis of HIV/AIDs arising from an employer’s mandatory testing.

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