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Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts

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

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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

  1. Chapter One: Introduction
  2. Chapter Two: Children and Adolescents

    3. Child, Forced and Early Marriage
    - Mudzuru & Another v. Ministry of Justice, Legal & Parliamentary Affairs (N.O.) & Others
    - Nvumeleni Jezile v. The State and 7 Others
    - Highlight: Child Marriage: Legal and Socio-Cultural Aspects

    Female Genital Mutilation
    - Law and Advocacy for Women in Uganda v. The Attorney General
    - Sexual Abuse, Assault and Violence
    - C.K. (A Child) through Ripples International as her guardian and Next friend) & 11 Others v. Commissioner of Police/Inspector General of The National Police Service & 3 Others
    - W.J. & Another v. Astarikoh Henry Amkoah & 9 Others
    - Highlight: Sexual Abuse, Assault and Violence

    Consensual Sexual Conduct
    - C.K.W. v. Attorney General & Another
    - 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

  3. Chapter Three: Maternal Health Care and Services

    4. - 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

  4. Chapter Four: Abortion and Fetal Interests
    5. 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
  5. Chapter Five: Adoption and Surrogacy
    6. 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

  6. Chapter Six: Gender, Sexuality, Women and Discrimination
    7. 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

  7. Chapter Seven: HIV
    8. 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

  8. Chapter Eight: Francophone Africa
    9. 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

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