Describe and analyze how persons with disabilities are protected in international human rights law, including (but not only) through the 2006 Convention on the Rights of Persons with Disabilities. Explain and illustrate the notion of “multiple discrimination” faced by persons with disabilities.
Introduction International human rights law has evolved significantly to address the protections afforded to persons with disabilities, recognising them as a vulnerable group often ...
Formal and Substantive Equality in Gender and Law: Insights from Uganda
Introduction In the field of gender and law, formal and substantive equality offer contrasting paths to gender equity. Formal equality promotes identical treatment under ...
Human rights are not given by the state, nor are they created by law. They are inherent values and entitlements that every human being is born and endowed with by virtue of their humanity. By implication, human rights exist at all times notwithstanding whether they are guaranteed legal recognition or not. However, when human rights get recognised by the state and granted protection by law, they create legal entitlements and impose legal obligations, which must be adhered to. Explain the regime of right holders and duty bearers, and the obligations/duties that arise from the legal nature of human rights. [25 Marks]
Introduction Human rights represent fundamental entitlements that stem from the mere fact of being human, transcending any grant by states or legal systems. As ...
THE PROHIBITION OF RACIAL DISCRIMINATION AND THE RIGHT OF MINORITY GROUPS AND INDIGENOUS PEOPLE
Introduction The prohibition of racial discrimination stands as a cornerstone of international human rights law, aiming to ensure equality and dignity for all individuals ...
Compare and Contrast Bentham and Austin’s Definition of Law and Underscore Three Essential Differences and Similarities Between Them
Introduction This essay compares and contrasts the definitions of law provided by Jeremy Bentham and John Austin, two foundational figures in legal positivism. Legal ...
Scenario: Henry, a 15-year-old boy, was arrested for stealing a bicycle valued at R1,200 from a neighbour’s yard. This is his first time coming into conflict with the law. During the preliminary inquiry, Henry admits to the crime and expresses remorse. His parents are willing to support him. The probation officer recommends diversion. Task: Based on the scenario above, critically discuss the applicability of diversion for Henry with reference to the Child Justice Act 75 of 2008 (as amended in the Child Justice Amendment Act 9 of 2019). In your discussion, you must address the objectives of diversion, the criteria required for Henry to be diverted, and the appropriate level of diversion options available to him.
Introduction This essay critically examines the applicability of diversion for Henry, a 15-year-old first-time offender accused of bicycle theft, within the framework of South ...
Mr Tony Sunday’s Argument on Arbitration Agreements: An Analysis Based on the Arbitration and Mediation Act 2023
Introduction In the field of Alternative Dispute Resolution (ADR), arbitration serves as a key mechanism for resolving disputes outside traditional court systems, emphasising party ...
Mr Tony Sunday’s Presentation on Arbitration Agreements: An Analysis Based on the Arbitration and Mediation Act 2023
Introduction Arbitration serves as a key alternative dispute resolution (ADR) mechanism, allowing parties to resolve conflicts outside traditional court systems while promoting efficiency and ...
Justice Scalia’s Dissent in United States v. Virginia
Introduction The case of United States v. Virginia (1996) represents a landmark decision in US constitutional law, addressing gender discrimination under the Equal Protection ...
Even though the proceedings in Court feel unnecessarily prolonged, I argue, the delay reveals the court’s attempt to avoid rushed and potentially biased decisions.
Introduction Chaitanya Tamhane’s 2014 film Court explores the Indian judicial system through a folk singer’s trial. The story follows Narayan Kamble, accused of inciting ...
