The African Commission on Human and People’s Rights and the woman question

Durojaye, Ebenezer; Oluduro, Olubayo

doi:10.1007/s10691-016-9334-8

Cited by 6 publications

(4 citation statements)

References 7 publications

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“…Women, therefore, had access to property, but no right to it, and would walk away with nothing at the end of a marriage by death or divorce. I argue therefore that the impact that women judges have made, and can make, is in 'asking the African woman question' (Durojaye and Oluduro, 2016). This is a twin-approach of reversing colonial legacy, and underscoring the value of domestic work in feminist legal discourse.…”

Section: Postcolonial Constitution Reformsmentioning

confidence: 94%

“…I explore the extent to which the feminist methods to generate feminist outcomes have been employed by KWJA members. I am particularly interested in the feminist method of 'asking the woman question' (Bartlett, 1990: 837) that has been extended to the African context: 'asking the African woman question' (Durojaye and Oluduro, 2016).…”

Section: Researching Women Judges and Property Law Outcomes In Kenyamentioning

confidence: 99%

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Why women judges really matter: The impact of women judges on property law outcomes in Kenya

Gayoye

2021

Social & Legal Studies

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In this paper, I discuss the impact that women judges have made in property law outcomes in Kenya. The study shows that women judges were able to influence a feminist jurisprudence in matrimonial property and inheritance disputes peripherally even though they were not sitting in some of those cases – through trainings of other [male] judges and informal interactions with colleagues. I argue that there is need to focus lens on the collaborative and networking programmes of women judges to bring about institutional change as opposed to a focus on individual women judges. The findings suggest that studies that focus on individual [women] judges have far less potential to uncover the impact of collective efforts of women judges. Existing studies are based largely on Anglo-American positivist methodologies that are based on methodological individualism over collectivism. It is no wonder that the collective efforts of women judges under the auspices of the International Women Judges Association has received little to no scholarly attention.

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Section: Postcolonial Constitution Reformsmentioning

confidence: 94%

Section: Researching Women Judges and Property Law Outcomes In Kenyamentioning

confidence: 99%

Why women judges really matter: The impact of women judges on property law outcomes in Kenya

Gayoye

2021

Social & Legal Studies

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“…In a 2016 research, Durojaye and Oluduro used an interesting principle to evaluate the African Commission's jurisprudence on the rights of women. 143 They argued that the development of the jurisprudence on women requires asking the right women question other than the right question. 144 This requires placing a woman at the centre of every decision and question the initiatives that ought to improve the person of the African woman.…”

Section: A Working Model Towards 2050mentioning

confidence: 99%

Evaluating the role of the African Committee of Experts on the Rights and Welfare of the Child in the COVID-19 era: Visualising the African child in 2050

Nanima

2021

Afr. hum. rights law j.

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SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations. The third environment is where a child who has moved from humanitarian situations seeks solace. This may include internally-displaced persons and refugees/asylum seekers. This article evaluates the role of the African Committee of Experts on the Rights and Welfare of the Child as the only regional human rights body that monitors the promotion and protection of the rights of children. The evaluation covers the third environment in the context of the COVID-19 era. It is argued that the current traction by the Committee after the outbreak of the pandemic can be used to improve the position of the child towards the 2050 aspirations. An evaluation of the effects of the pandemic on the child is done followed by a visualisation of the child in 2050. An analysis of the normative, institutional and jurisprudential framework of the Committee in the Covid-19 era follows. A juxtaposition of the use of Agenda 2040 to realise the 2050 visualised child is done. This informs a proposed model that the Committee may adopt, followed by a conclusion and recommendations. Key words: African Children's Committee; African Children's Charter; Agenda 2040; jurisprudence; normative; COVID-19

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“…The articles traverse a wide range of subject matter including transsexuality in Iran (Saeidzadeh 2016), anti-trafficking law in the US (Doonan 2016), adult safeguarding law and practice in the UK (Lindsey 2016), and the 'woman question' in African Commission jurisprudence (Durojaye and Oluduro 2016). Together these papers reflect the international perspectives of our authors and readership, while also revealing a varied breadth of theoretical and methodological approaches to feminist legal studies.…”

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confidence: 99%

Law’s Vulnerability, and Vulnerability in Law

et al. 2016

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Vulnerability acts as a touchstone in this issue as we find our contributors reflecting on its intersection with gender and sexuality in different ways. Saeidzadeh draws out the significance of misrecognition in her consideration of responses to transsexuality in Iran, while Doonan highlights the potential pitfalls of relying on situational vulnerability in her critique of anti-trafficking legal discourse in the US. Lindsey considers the legal potential of situational vulnerability as a tool to address the 'persistent failure to take action against abuse' in the UK. Durojaye and Oluduro contribute to the recent revitalisation in asking 'the woman question' by drawing on African law and literature to flesh out the development of a gender-sensitive, substantive equality approach from the jurisprudence of the African Commission on Human and Peoples' Rights as it addresses vulnerability to violence. The reviewers continue this international conversation as they address recent contributions on sexuality, family formation and social security. & Ruth Fletcher

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The African Commission on Human and People’s Rights and the woman question

Cited by 6 publications

References 7 publications

Why women judges really matter: The impact of women judges on property law outcomes in Kenya

Why women judges really matter: The impact of women judges on property law outcomes in Kenya

Evaluating the role of the African Committee of Experts on the Rights and Welfare of the Child in the COVID-19 era: Visualising the African child in 2050

Law’s Vulnerability, and Vulnerability in Law

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