Conformity of COVID-19 responses in Africa through the prism of international human rights law
Edited by Kwadwo Appiagyei-Atua
2024
ISBN: 978-1-7764485-1-7
Pages: 322
Print version: Available
Electronic version: Free PDF available

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About the publication 

The book, Conformity of COVID-19 responses in Africa through the prism of international human rights law, provides useful insights into the subject-matter of COVID-19 from African perspectives on international law, human rights and democracy through detailed analyses of data, instruments, documents and events connected with the pandemic.

The cutting-edge analyses by the contributors help to provide useful information on the human rights preparedness of African states to deal with pandemics, the limitations or restrictions imposed on human rights by African governments and the violations of human rights that took place during the pandemic; and whether the continent has learnt any useful lessons based on past experiences.


Table of Contents

Preface  
Acknowledgments 
Contributors  
Introduction  

1 State response to COVID-19 pandemic – failure of social interventions in Nigeria
Simeon Igbinedion
1 Introduction  
2 Outbreak of the coronavirus  
3 Nigeria’s responses to the COVID-19 pandemic  
4 Manifestations of the failure of Nigeria’s social intervention  
5 Conclusion  

2 COVID-19 emergency measures and the violation of the right to health in the Kenyan counties
Paul Ogendi
1 Background  
2 Why should counties matter in relation to the right to health in relation to COVID-19 pandemic?  
3 Interpreting the right to health in the context of epidemics/pandemics  
4 Emergency responses, the COVID-19 pandemic, and the right to health 
5 County governments and respect of the right to health in the context of the COVID-19 pandemic – Review of the gaps  
6 Relevant institutions and their roles in promoting human rights in Kenya in the context of COVID-19  
7 Conclusion

3 The scope of socio-economic measures in response to COVID-19 in Benin
Kossivi Romain Midjresso
1 Introduction  
2 Measures not in line with international standards  
3 Towards an unsatisfactory implementation of the measures 
4 Conclusion and recommendations  

4 The man of COVID-19: The place of COVID-19 measures in women’s human rights in Kenya
Nkatha Kabira & Patricia Kameri-Mbote
1 Introduction and context  
2 Conceptual framework
3 Methodology  
4 COVID-19 measures  
5 Conclusion  

5 Response to COVID-19 and human rights protection in central Africa: The case of Cameroon
Parfait Oumba
1 Introduction  
2 International law applying to health emergencies  
3 The Cameroonian Government’s response strategy against COVID-19 
4 The government’s response strategy to COVID-19 through a human rights lens  
5 Recommendations  

6 South Africa in times of a pandemic: Reflections on the fragility of human rights
Annette Lansink
1 Introduction  
2 A national state of disaster: Is South Africa’s legal framework adequately equipped for a pandemic?  
3 Balancing human rights 
4 Conclusion  

7 The management of COVID-19 in Senegal: Between health necessity and desecration of the fundamentals of the rule of law and democracy
Moussa Diop
1 Introduction  
2 The solution provided by the the Senegalese constituent in the face of COVID-19  
3 The process of consecration of the emergency circumstances regime  
4 Constitutional delegation of powers to the executive for emergency purposes 
5 The Government’s response to the implementation of presidential initiatives  
6 The sacrifice of democratic gains for the COVID-19 health emergency  
7 Calling into question certain fundamental rights  
8 Rights based on the concept of social justice impaired  
9 Suspension of certain fundamental freedoms  
10 Conclusion 
11 Recommendations  

8 A critical review of Ghana’s COVID-19 response measures
Kwadwo Appiagyei-Atua
1 Introduction  
2 Definition of emergency under Ghanaian law  
3 Limitation and derogation of rights  
4 State of emergency in Ghana  
5 Procedural requirements under articles 31 and 32 of the 1992 Constitution of Ghana  
6 The Imposition of Restrictions Act 
7 Problems with the Imposition of Restrictions Act 
8 Executive instruments  
9 Essential services  
10 Retroactivity of laws 
11 The irrelevance of the Imposition of Restrictions Act in the face of the Public Health Act  
12 Implication of the Imposition of Restrictions Act on human rights in Ghana  
13 The fear of temporary laws becoming permanent  
14 Conclusion and recommendations

9 The material scope of emergency measures in response to COVID-19: The case of Ethiopia
Yonas Birmeta
1 Introduction  
2 Constitutional framework  
3 Declaration of state of emergency by national and regional states in Ethiopia  
4 The lack of subsidiary legislation for coordination of emergency responses 
5 Public Health Proclamation  
6 Food and Medicine Administration Proclamation  
7 Emergency measures in response to COVID-19 
8 Material scope of the emergency measures and their compatibility with human rights standards  
9 The implementation of emergency measures in Ethiopia  
10 Procedural fairness  
11 Freedom to entitlements  
12 Political participation and the postponement of elections  
13 Mechanisms of accountability  
14 Conclusion  

10 COVID-19 and restrictions to the right to freedom of movement in Nigeria
Wole Kunuji
1 Introduction  
2 The nature of human rights  
3 The right to freedom of movement  
4 Consistency of the Nigerian COVID-19 regime with international law  
5 Policy and legal recommendations  
6 Conclusion

11 State and individual accountability for the manufacture and spread of COVID-19: Options under international law
Evelyne Asaala
1 Introduction  
2 Facts on the emergence and spread of COVID-19  
3 The origin, transfer and spread of COVID-19 vs state and individual accountability threshold  
4 Conclusion


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