Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts
Edited by Godfrey Dalitso Kangaude
2017
ISBN: 978-1-920538-63-7
Pages: 226
Print version: Available
Electronic version: Free PDF available
About the publication
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts is a joint publication of the International Reproductive and Sexual Health Law Program of the University of Toronto, Canada; the Centre for Human Rights, Faculty of Law, at the University of Pretoria, South Africa; and the Center for Reproductive Rights, New York. It is the expanded third volume in a series originally conceived by Kibrom Isaak, LL.M., a graduate of the International Reproductive and Sexual Health Law Program, who organised and wrote the prototype, and drafted most of the first two volumes.
The editors of Legal Grounds III are tremendously grateful to all those who have supported us to produce this book. The planning and execution would not have been possible without a grant from the Ford Foundation. African publication and dissemination were generously supported, through the Centre for Human Rights, by The Open Society Foundations.
Table of Contents
Acknowledgments
Table of Cases by Country
Foreword
Chapter One: Introduction
Chapter Two: Children and Adolescents
Child, Forced and Early Marriage
Mudzuru & Another v. Ministry of Justice, Legal & Parliamentary Affairs (N.O.) & Others
(Const. Application No. 79/14) [2015] ZWCC 12 (20 January 2016)
Constitutional Court of Zimbabwe outlawed child marriage under 18 years old
Case summary
Decision on ZIMLII
Decision PDF
Nvumeleni Jezile v. The State and 7 Others
High Court Case No. A 127/2014 (High Court of South Africa, Western Cape Division, Cape Town)
Customary marriage practices are not justification for abduction and rape of a girl of 14
Case summary
Decision on SAFLII
Decision PDF
Rebeca Z. Gyumi v The Attorney General
Miscellaneous Civil Cause No. 5 of 2016, High Court of Tanzania at Dar es Salaam. Date of Judgment: 8/7/2016
Third party consent to marriage of girls under 18 is unconstitutional
Decision on TANZLII
Decision PDF
Comment by Rebeca Gyumi's NGO
Comment by Godfrey Kangaude
De Jure article by Norah Hashim Msuya
Attorney General vs Rebeca Z. Gyumi
(Civil Appeal No.204 of 2017) [2019] TZCA 348; (23 October 2019)
Tanzanian Court of Appeals upheld decision of 2016
Decision on TANZLII
Decision PDF
APDF & IHRDA v Republic of Mali
(App. no. 046/2016) [2018] AfCHPR 15; (11 May 2018) (African Court on Human and Peoples’ Rights)
Customary child marriage provisions in Mali 's Family Code violate age of marriage and consent rights
Case comment by George Sakyi Asumadu
Decision PDF
Highlight: Child Marriage: Legal and Socio-Cultural Aspects
Download PDF
Female Genital Mutilation
Law and Advocacy for Women in Uganda v The Attorney General
[2010] UGCC 4, Constitutional Petition No. 8 of 2007 (Constitutional Court of Uganda at Kampala)
Female Genital Mutilation (FGM) prohibited as unconstitutional
Case summary
Decision on IHRDA
Decision PDF
Sexual Abuse, Assault and Violence
APDF & IHRDA on behalf of A.S. (a minor) v. Republic of MALI
(African Union, ACERWC, Communication No.0013/Com/001/2020 Admissibility decision July 14, 2021
ACERWC urged Mali to prosecute child rapist
Admissibility decision [FR]
Decision on the Merits [FR], communicated to the Plaintiffs June 7, 2023
CK (A Child) Through Ripples International as Her Guardian and Next Friend) & 11 others v Commissioner of Police/Inspector General of the National Police Service & 2 others; And Kenya National Commission on Human Rights (Amicus Curiae)
[2013] eKLR, Petition No. 8 of 2012 (High Court of Kenya at Meru)
Court holds police accountable for inaction in child sexual assaults
Case summary
Judgement on KENYA LAW
Judgement PDF
W.J & another v Astarikoh Henry Amkoah & 9 others
[2015] eKLR, Petition No. 331 of 2011 (High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)
High school teacher rapist
Case summary
Judgement on KENYA LAW
Judgement PDF
Highlight: Sexual Abuse, Assault and Violence
Download PDF
Consensual Sexual Conduct
C.K.W. v Attorney General & Another
[2014] eKLR, Petition 6 of 2013 (High Court of Kenya at Eldoret)
Court upholds criminalisation of adolescent consensual sex, ignores gender bias in the law
Case summary
Decision on KENYA LAW
Decision PDF
S v. Brian M. [surname editorially abridged]
[2015] ZWHHC 106, CRB No. B467/14 (High Court of Zimbabwe at Harare)
Court upholds criminalisation of adolescent consensual sex, ignores gender bias in the law
Case summary
Decision on ZIMLII
Decision PDF
Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another
[2013], Case No. 73300/10 [2013] ZAGPPHC 1 (North Gauteng High Court, South Africa)
High Court proposes decriminalisation of adolescent consensual sexual conduct
Case summary
Decision on SAFLII
Decision PDF
- S v. Brian M. [surname editorially abridged]
- Teddy Bear Clinic for Abused Children and Another v. Minister of Justice and Constitutional Development and Another [High Court decision]
- Teddy Bear Clinic for Abused Children and Another v. Minister of Justice and Constitutional Development and Another [Constitutional Court decision]
- Highlight: Adolescent Consensual Sexual Conduct
Student Pregnancy
- Head of Department, Department of Education, Free State Province v. Welkom High School & Another; Head of Department, Department of Education, Free State Province v. Harmony High School & Another
- Chapter Three: Maternal Health Care and Services
- Center for Health, Human Rights and Development and 3 Others v. Attorney General [Constitutional Court decision]
- Center for Health, Human Rights and Development and 3 Others v. Attorney General [Supreme Court decision]
- Center for Health, Human Rights and Development & 4 Others v. Nakaseke District Local Administration
- Millicent Awuor Omuya alias Maimuna Awuor & Another v. The Attorney General & 4 Others
- Ntsele v. MEC for Health, Gauteng Provincial Government
- Highlight: Maternal Health Care and Services
- Chapter Four: Abortion and Fetal Interests Abortion
- Case no. RPA 0787/15/HC/KIG
- Mildred Mapingure v. Minister of Home Affairs and 2 Others
- Republic v. Jackson Namunya Tali
- Highlight: Abortion and Fetal Interests
- Wrongful Birth or Life
- -
AAA v. Registered Trustees (Aga Khan University Hospital, Nairobi)
- E.R.O. v. Board of Trustees, Family Planning Association of Kenya
- H v. Fetal Assessment Centre
- Chapter Five: Adoption and Surrogacy Adoption
- GK v. BOK, CGLK, MT and the Attorney General
- Highlight: Adoption and Surrogacy
- Surrogacy
- -
AB and Surrogacy Advisory Group v. Minister of Social Development
- Ex Parte: MS and Others
- J.L.N. & 2 Others v. Director of Children’s Services & 4 Others
- MIA v. State Information Technology Agency (Pty) Ltd
- Chapter Six: Gender, Sexuality, Women and Discrimination Rape
- S v. Chirembwe
- Disability, Sexuality and Criminal Law
- Center for Health, Human Rights and Development and Iga Daniel v. Attorney General
- Women and Criminal Law
- -
Lucy Nyambura & Another v. Town Clerk, Municipal Council of Mombasa & 2 Others
- Legal Recognition of Intersexuality
- Baby “A” (suing through her mother, E.A.) and The Cradle the Children Foundation v. Attorney General, Kenyatta National Hospital, and the Registrar of Births and Deaths
- R.M. v. Attorney General & 4 Others
- Gender Identity
- Republic v. Kenya National Examinations Council & Another
- Sexual Orientation
- -
Oloka-Onyango and 9 Others v. Attorney General
- C.O.L. & G.M.N. v. Resident Magistrate Kwale Court & Others
- Recognition of LGBTIQ Advocacy and Groups
- Eric Gitari v. Non-Governmental Organizations Co-Ordination Board & 4 Others
- Thuto Rammoge & 19 Others v. The Attorney General of Botswana
- Attorney General of Botswana v. Thuto Rammoge & 19 Others
- The People v. Paul Kasonkomona
- Republic v. Non-Governmental Organizations Co-ordination Board & Another ex-parte Transgender Education and Advocacy & 3 Others
- Highlight: Towards Respect for Human Diversity
- Chapter Seven: HIV Access to Treatment
- Dr. Jeremiah Ojonemi Alabi Abalaka and Medicrest Specialist Hospital Ltd. v. President of the Federal Republic of Nigeria, Attorney General of the Federation, and National Agency for Food and Drug Administration and Control (NAFDAC)
- Dickson Tapela & 2 Others v. Attorney General & 2 Others
- Reproductive and Sexual Rights in Sub-Saharan African Courts
- Attorney General and Others v. Tapela and Others; In re: Attorney General and Others v. Mwale
- P.A.O. and 2 Others v. The Attorney General & Another
- Criminalisation of Transmission
- AIDS Law Project v. Attorney General & 3 Others
- Rosemary Namubiru v. Uganda
- Highlight: Criminalisation of HIV Non-Disclosure, Exposure, and Transmission
- Forced Sterilization
- LM and Others v. Government of the Republic of Namibia
- Government of the Republic of Namibia v. L.M. & 2 Others
- Highlight: Sexual and Reproductive Rights of Women Living with HIV
- Discrimination in Employment
- - Dwenga and Others v. Surgeon-General of the South African Military Health
- Services and Others
- - Gary Shane Allpass v. Mooikloof Estates (Pty) Ltd
- - Georgina Ahamefule v. Imperial Medical Centre & Dr. Alex Molokwu
- - Stanley Kingaipe & Another v. The Attorney Genera
- Chapter Eight: Francophone Africa Adultery | Decision DCC 09-081
- Polygamy | Decision DCC 02-144
- Infanticide | Judgment No 216
Chapitre Huit: L’Afrique Francophone
L’adultère | Décision DCC 09-081
La polygamie | Décision DCC 02-144
L’infanticide | Judgment No 216
Online Legal Resources
Full Citation Information and Case Links
Endnotes