Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and welfare of children expressly imposes duties on them. After setting the platform for discussion by highlighting international experiences and outlining the African concept of human rights, this article critically examines and attempts to clarify the precise meaning, content, conditions of compliance and application of those duties for children. By way of conclusion, it suggests that article 31 represents a valuable addition to the international human rights agenda, and that a purposeful interpretation of its constituent parts reveals that children should be required to play a role at family, community, national and continental levels, in accordance with their age and maturity as they grow up, as part and parcel of their heritage, empowerment and developing citizenship.

This article analyses the difficulties surrounding justiciability of the right to health care in Nigeria and the implications for access issues. It argues that claims denying justiciability on the grounds of the absence of a legal foundation and / or paucity of resources are misplaced. This reasoning derives from an interrogation of the rationale for and the consequences of the designation of what ought to be the right to health care as a Directive Principle, kleptocracy as an impediment to actualizing the right to health care, and the impact of the domestication of the African Charter on Human and Peoples' Rights. Projecting into the future, the article analyses the challenges that would confront courts in Nigeria grappling with the normative content of the right to health care, arguing that the difficulties are not insurmountable and that, given the seemingly intractable nature of the issues, the courts should adopt a proactive interpretive approach.

This article considers the importance of preventing mother to child transmission of HIV in Africa. It argues, however, that any approach to achieving this aim must be consistent with respect for human rights. In particular, it argues that mandatory HIV testing of pregnant women violates their rights to autonomy, health and reproductive care, and non-discrimination, all guaranteed in the Protocol to the African Charter on the Rights of Women and other international and regional human rights instruments. It concludes by arguing that respect for women's human rights should form the fulcrum for any call for mandatory or routine HIV testing of pregnant women in Africa.

This article is about some of the issues relating to life insurance based on relevant provisions of the 1960 Commercial Code and other laws of Ethiopia that are currently in force. The article first discusses the basic concepts of insurance. It then focuses on a problem attributable to the practice of the Ethiopian Insurance Corporation and five legal issues relating to life insurance. It also includes an analysis of court cases. However, due to the lack of recent Ethiopian court cases relating to life insurance, it only analyses cases from the 1970s. The article concludes with recommendations on all the issues discussed.

In Malawi, Rastafari students are prevented from attending public schools on account of their dreadlocks. This article seeks to analyse a framework for assessing whether Rastafari qualifies as a religion under section 33 of the Constitution of Malawi. The article argues that Rastafari is a recognized religion and that its sincere adherents should have full protection under the Constitution of Malawi, as do members of other religious groups. The article discusses potential problems for Rastafari litigants in Malawi and proposes some solutions. It introduces a three prong balancing test, which has been applied in particular cases in Zimbabwe and South Africa, and makes recommendations about future interpretation of the Constitution of Malawi using this test. It examines the current interpretation of the freedom of religion in Malawi and concludes with an argument for Malawi to follow the approach taken in Zimbabwe and South Africa.

What began as an exercise in defining the jurisdiction of the Nigerian Federal High Court over fundamental human rights has now turned into a well established principle that Nigerian courts will not entertain an action for the enforcement of a fundamental human right contained in chapter IV of the 1999 constitution through the Fundamental Human Rights (Enforcement Procedure) Rules unless it is the principal claim. In other words, if the action for the enforcement of a fundamental human right is an accessory or subsidiary claim, the action must be started by a writ of summons. This article demonstrates that this distinction is dubious, irrelevant and impossible to make, and leads to a miscarriage of justice.

The South African Supreme Court of Appeal and Constitutional Court have ruled that the employer is vicariously liable for sexual violence perpetrated by his employee on a co-employee or on a third party in the workplace or in what can be considered as an extension of the workplace. This is similar to the current position in the United Kingdom. This article questions the rationale of holding employers vicariously liable for intentional acts of employees such as sexual harassment. In a bid to justify their position, these courts have adopted a sort of vicarious liability with no outer limit that is both needless and tortuous. This article submits that the law imposes a duty on employers to protect their employees and that this unwarranted development of vicarious liability could be avoided if due regard is given to the prescribed direct (and strict) liability of the employer.

There is a general perception that home jurisdictions in vulnerable areas are powerless when it comes to the control of multinational corporations. While this assertion is largely correct, this article argues that there cannot be effective control of multinational corporations (“MNCs”) at international, regional or private level without the corresponding development of an effective minimum institutional framework at the domestic level. This article examines the Nigerian legal framework for the regulation of MNCs with a view to underlining the weaknesses in the domestic forum, and also examines the prospects for enhancing the capacity of a domestic framework for the effective control of MNCs. The article argues that, while corporate social responsibility practice by MNCs is becoming well entrenched, this development cannot replace the need for effective host state regulation. The article focuses on company law and human rights law and suggests viable possibilities within the local context that may enhance the control of MNCs.

Albert Hermann Post (1839–95) is an almost forgotten figure in the history of legal anthropology, yet he was the first anthropologist to propose the study of the legal relations of indigenous peoples. His questionnaire is presented here in English for the first time. It was distributed in the 1890s and the answers, from Cameroon, Mali, Western Sudan, Uganda, German East Africa, German South West Africa, Madagascar, and the Solomon and Marshall Islands, were published by Steinmetz in 1903, after Post's death. The questionnaire gives an insight into the state of German anthropology at the time and, however naïve the method, the answers provide in many cases the only written evidence for the period on the societies studied. This article also considers Hildebrandt's reassessment of Post and gives an account of the circumstances leading up to the distribution of Josef Kohler's later questionnaire.

This article analyses the interface between political globalization, citizenship and security threats in Africa. Political globalization is assumed to be capable of engendering inclusive citizenship; in the same way, citizenship is considered to be central to the national question in Africa. It is around citizenship that most issues of human rights revolve, both at individual and group levels. The article argues that political globalization in Africa tends to limit the meaning, essence and substance of citizenship, even if the latter is defined from a minimalist perspective of duties-rights relationships. The marginalization and/or exclusionary politics engendered by political globalization, especially for vulnerable groups such as ethnic minorities, women and youth on all fronts - political, economic and socio-cultural, amount to a gross violation of individual and group rights. Consequently, rather than engender inclusive citizenship predicated upon fairness, equality and social justice, the political globalization processes seem to have done otherwise, thereby perverting democratization and citizenship to become sources of security threats in Africa.

Traditional oaths play decisive roles in customary law arbitration and are recognized and accorded due respect by the courts. This position is now threatened by four emerging factors. First, all customary law arbitrations (including those based on juju oaths) are now subjected to stringent conditions before the courts will enforce them. Secondly, there are discordant voices in the Supreme Court on the legal relevance and juristic value of traditional oaths. Thirdly, in August 2005, the gruesome activities of some shrines where juju oaths are administered in some Igbo communities were exposed in the mass media. This exposure has given traditional oaths a bad image. Lastly, the onslaught of Islam and Christianity is taking its toil on traditional oaths. There is the need to protect traditional oaths from these threats.

The Constitutional Court of South Africa recently handed down a judgment on the extension of the common law definition of rape to include anal penetration of women, but not of men. The court argued that women form part of the most vulnerable group in society. This article analyses the court's judgment and argues that the court should have included anal penetration of men in the light of South African lower courts' decisions, international law and the fact that there is currently a law before parliament which pertains to the anal penetration of men. The article also argues that the court should have taken into consideration that this case involved a child, who is also from the most vulnerable group in society.