Beyond the law: Multi-disciplinary perspectives on human rights

Frans Viljoen Assisted Jehoshaphat Njau

Description

The Centre for Human Rights, Faculty of Law, University of Pretoria, in June 2011 organised an international conference on Multi- and Inter-disciplinary Human Rights in Africa to provide an opportunity for academics, especially from African countries, to ponder and reflect on the benefits that other disciplines bring to the theory and practice of human rights. This collection brings together peer-reviewed and reworked papers presented at the conference.Beyond the law: Multi-disciplinary perspectives on human rights is directed at an audience of scholars and practitioners who are engaged in the academic study and practical implementation of human rights. It aims to make a contribution, particularly from an African perspective, to the growing scholarly literature on the topic.About the editors:Frans Viljoen is Director at the Centre for Human Rights and Professor of International Human Rights Law, University of Pretoria.Jehoshaphat Njau is an academic associate, Centre for Human Rights.

Sujets

• Economie
• développement
• Politics
• Relations internationales
• Développement
• Géopolitique

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2012
• Nombre de lectures: 0
• EAN13: 9781920538088
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Beyond the law: Multi-disciplinary perspectives on human rights

BEYOND THE LAW: Multi-disciplinary perspectives on human rights

Frans Viljoen (editor) assisted by Jehoshaphat Njau (academic associate, Centre for Human Rights)

Pretoria University Law Press PULP

2012

Beyond the law: Multi-disciplinary perspectives on human rights 2012

Published by Pretoria University Law Press (PULP). PULP is a publisher at the Faculty of Law, University of Pretoria, Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality, scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa.

For more information on PULP, visit www.pulp.up.ac.za

The contents of this book was peer reviewed prior to publication.

To order, contact:

PULP Faculty of Law, University of Pretoria Pretoria, South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.pulp.up.ac.za

ISBN 978-1-920538-08-8

© The authors 2012 Pretoria

Design and typography: HOND CC, Pretoria Printed and bound: ABC Press, Cape Town

THE WORLD BANK Washington, D.C.

Beyond the law: Multi-disciplinary perspectives on human rights forms part of the Rule of Law in Africa Project funded by the World Bank

Contents

Contributors Acronyms and abbreviations

Introduction Disciplinary beyondness: A background to the conference and collection of papers Frans Viljoen

Part I: Human rights and the social sciences 1On the interactions between law and social science in the understanding and implementation of human rights Michael Freeman

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Political cultures in conflict: Analysing constitutional litigation in South Africa Richard Maiman

Beyond juridical approaches: What role can the gender perspective play in interrogating the right to health in Africa? Ben Kiromba Twinomugisha

Reasons for rights: A qualitative approach to rights use among HIV advocacy groups Kristi Kenyon

How sociology enriches human rights: The case study of Malawi’s first openly-gay couple Joseph Mlenga

Demystifying human rights: A socio-legal approach to the political framing of migrant workers’ rights in Africa Aishah Namukasa

Theorising children’s rights as a multi- and inter-disciplinary field of study Rushiella Songca

The right to education as a basis for human rights education: An interface between human rights and education Chongo Chitupila

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3

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Part II: Human rights, narratives and representation 9The role of personal narratives in Egypt’s 2011 Spring Revolution Rebecca Wright 10Policed perceptions, masked realities: Human rights and law enforcement in Kenyan popular art Humphrey Sipalla & Karest Lewela

11Justice ‘beyond’ the law inThe secret in their eyes: Rights of victims and offenders in the post-sentencing phase Annette van der Merwe

12Narrative research seven human rights law: A case study of Rwanda Cori Wielenga

Part III: Human rights and medicine 13the medicine, law andSteve Biko’s death: The role of their organised professions Servaas H Rossouw & Nico Buidendag

Bibliography

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Contributors

Nico BuitendagLLB (UP) is an LLM student, Faculty of Law, and research assistant, Centre for Human Rights, Faculty of Law, University of Pretoria. Email address: [e-mail]

Chongo Chitupilaa Project Officer with the International Organisation is for Migration Uganda mission where she is working on a counter trafficking project in Uganda. She previously lectured at the University of Zambia, teaching International, Regional and National Human Rights Law and International Refugee Law. She is also a legal practitioner with an interest in human rights. She has undertaken research on Intellectual Property Rights and developing countries, human trafficking within the Southern African Development Community (SADC) focusing on Zambia, Mozambique and South Africa and she has also conducted research on the various African regional judicial institutions. She is currently interested in multi-disciplinary approaches to human rights which is highly relevant to her current work and she will be researching and writing on this topic in future. Email address: [e-mail]

Michael Freemanis a Research Professor in the Department of Government, University of Essex, United Kingdom, where he teaches political theory and human rights. He is author ofHuman rights: An interdisciplinary approach (second edition, 2011) and articles on human rights in the journals of several disciplines. He was a co-founder, and is a former Deputy Director, of the multi-disciplinary Human Rights Centre at the University of Essex. He is a former Chair of the Human Rights Research Committee of the International Political Science Association. He is currently conducting research on global poverty as a human rights problem. Email address: [e-mail]

Kristi Kenyon is a Liu Scholar and PhD Candidate in Political Science at the University of British Columbia in Vancouver, Canada, where she is also affiliated with the Global Health Research Programme. Her dissertation project, “Choosing Rights: The Puzzle of the Rights Frame in HIV Advocacy in Sub-Saharan Africa” draws on the fields Political Science, Sociology, Population and Public Health, Law and Human Rights. Her research is also

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informed by her own work in the civil society sector in Botswana, Canada and South East Asia which has included service on the board of two development organisations. Kristi’s doctoral research has been supported by the Trudeau Foundation, the Canadian Social Sciences and Humanities Research Council, and the Liu Institute for Global Issues. She holds an interdisciplinary MA in the Theory and Practice of Human Rights from the University of Essex, UK. Email address: [e-mail]

Karest Lewelais a finance professional with diverse corporate experience in local banking, and multinational oil and tobacco sectors. Lewela has served in management roles with a focus on strategy development and execution, operational efficiencies and leadership development. His research interests focus on integrating literature, music and philosophy as primary components of culture, and using this multi-disciplinary approach to investigate ways of advocating for social justice. Lewela is also a published (both online and print) poet and short story writer. Lewela studied commerce specialising in finance at Kenyatta University, Kenya. Email address: [e-mail]

Richard J Maiman is Professor Emeritus of Political Science at the University of Southern Maine in the United States. Over a 40-year career he has taught a wide variety of undergraduate and postgraduate courses in political science, law, public policy, and American studies. Since 2000 he has been a Visiting Fellow at the Human Rights Centre of the University of Essex in the United Kingdom, where he has taught courses in American constitutional law and politics. The author of many journal articles and co- author of two books, Professor Maiman’s most recent research focuses on human rights lawyering in the US, the UK, and South Africa. Email address: [e-mail]

Joe Mlengais a human rights scholar and journalism trainer based in Blantyre, Malawi. He has lectured at the University of Malawi and Malawi Institute of Journalism from 2006, delivering courses in human rights, investigative journalism and English literature among others. Mlenga has covered human rights issues extensively in his teaching career and as a journalist when he worked for Malawi Broadcasting Corporation. Mlenga also writes opinion pieces for Genderlinks, a Southern African advocacy organisation. He attained his bachelor’s degree in Social Science at the University of Malawi. Mlenga also holds an MA in Global Journalism obtained at Orebro

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University in Sweden, and an MA in Human Rights Practice achieved at the University of Gothenburg in Sweden, University of Tromso in Norway and Roehampton University in the United Kingdom. Email address: [e-mail].

Aishah Namukasaa Law degree from Makerere University and an holds LLM in International Law from the University of Nottingham. She has worked as an advocate and as a lecturer of law in Uganda. She is currently pursuing an Inter-disciplinary PhD at the International Centre for Develop- ment and Decent Work, University of Kassel in Germany. Her research focuses on Temporary Labour Migration Policies in the form of the UK Points based system and implications for Human Rights of Health workers from sub-Saharan Africa. She is interested in Human Rights in practice, development, politics of migration, the law of international organisations and analysing migration policies. Email address: [e-mail]

Servaas H RossouwForensic Medicine,is Senior Lecturer, Department of Faculty of Health Sciences, University of Pretoria and Head of the Clinical Unit, Forensic Pathology Service Pretoria, Gauteng Department of Health and Social Development. Email address: [e-mail]

Humphrey Sipallais a teacher, writer and editor. Humphrey has served in various editorial capacities for theological (including a bible translation project), philosophical, historical, scientific, literary and other social sciences publications since 2000. His research interests in multidisciplinary approac- hes to human rights, social justice and the African renaissance have been nourished by this diverse editorial experience. His publications range from children’s story books and poetry through op-eds to scholarly analyses. Together with co-authors, Humphrey has researched and written on Kenyan popular culture since his undergraduate days. Humphrey studied education, literature and linguistics at Kenyatta University, Kenya. Email address: [e-mail]

Rushiella SongcaLesotho, LLB andholds a BA Law from the University of LLM from the University of Natal, another LLM from Georgetown Law School and LLD from the University of Pretoria. She currently is an Associate Professor at the College of Law, University of South Africa. Email address: [e-mail]

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Ben Kiromba TwinomugishaLaw Make-is Professor and Dean, School of rere University. He has taught, researched and published in the areas of gender, health and human rights; environment and human rights; poverty and human rights; and globalisation and human rights. Email address: [e-mail]

Annette van der Merwe has an interest in sentencing practices which are diverse, complex and often emotionally laden. The role of victims during sentencing and parole, the increased recognition of behavioural science with regards to both victim and offender, sentencing factors and the development of sentencing guidelines have been the focus of her research. In addition, she advocates non-adversarial justice approaches such as therapeutic jurispru- dence and restorative justice. In her teaching she uses visual material to enhance legal texts. Email address: [e-mail]

Frans Viljoenthe Director of the Centre for Human Rights, Faculty of is Law, University of Pretoria, and coordinated the LLM/MPhil (Multi- disciplinary Human Rights) programme, presented by the Centre. Email address: [e-mail]

Cori Wielengahas a background in English Literature, Conflict Resolution, Peace Studies and Political Sciences. She brings these, as well as her expe- rience in the field, to her research interest in reconciliation and transitional justice in South Africa, Burundi and Rwanda. She has worked for four years for the Rwandan-based NGO Shalom Educating for Peace, and is now a postdoctoral fellow in the Department of Political Sciences at the University of Pretoria. Email address: [e-mail]

Rebecca Wright is a Senior Legal Advisor at the Egyptian Initiative for Personal Rights. Before working as a human rights lawyer she completed a DPhil in English Literature at the University of Oxford. Her thesis looked at the autobiographies written by British suffragettes. She then attended law school at Berkeley and Harvard and moved to Egypt in 2007. She has since lived and worked in Afghanistan, Qatar and Lebanon but principally in Egypt where the literary and social activist narratives are truly inspirational. Email address: [e-mail]

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Acronyms and abbreviations

AAA ANC ACHPR AU BLA BLL BPC CALS CASAC

CEDAW

COSATU CRC DA DGRU DPCI DRC DSO ESAF EU FUL HIV ICESCR

ICCPR FIDH IFAISA ILO IMF JSC LHR

American Anthropological Association African National Congress African Charter on Human and Peoples’ Rights African Union Black Lawyers Association Buraku Liberation League Black Peoples Convention Centre for Applied Legal Studies Council for the Advancement of the South African Constitution Convention on the Elimination of All Forms of Discrimination Against Women Congress of South African Trade Unions Convention on the Rights of the Child Democratic Alliance Democratic Governance and Rights Unit Directorate of Priority Crime Investigation Democratic Republic of Congo Directorate of Special Operations Enhanced Structural Adjustment Facility European Union Freedom Under Law Human Immunodeficiency Virus International Covenant on Economic, Social and Cultural Rights International Covenant on Civil and Political Rights International Federation for Human Rights Institute for Accountability in Southern Africa International Labour Organisation International Monetary Fund Judicial Service Commission Lawyers for Human Rights

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