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2014

Human Rights Law

The Transnational Human Rights Review

Articles 1 - 5 of 5

Full-Text Articles in Law

The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru Jan 2014

The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru

The Transnational Human Rights Review

Current global events validate the fact that beyond a theoretical analysis of rights discourse and food justice, there is a need to understand and propose ways to address the very fragile global food situation, and especially so in Third World states. At the peak of the high food prices in mid-2008, the world observed how the issue of access to food and the means to acquire food (in the larger context of other socio-economic needs) spurred riots from Egypt to Bangladesh and Mexico. And one cannot definitely say that we are out of the woods yet concerning rising food prices. …


Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu Jan 2014

Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu

The Transnational Human Rights Review

Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …


Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu Jan 2014

Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu

The Transnational Human Rights Review

What is the nature of the role that courts perform when they evaluate human rights complaints? Answering this question engages two related but contending values in the process of protecting human rights through judicial means. The first value is that persons are entitled to certain rights and freedoms that are either completely outside the controlling power of the state, organizations and others in the society, or which when they are infringed could trigger an application for judicial protection by the victims. The second value is that the state can impose limitations on certain rights and freedoms but only if it …


Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana Jan 2014

Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana

The Transnational Human Rights Review

Regional human rights regimes complement national systems, which sometimes suffer from "[i]nept, inefficient, underresourced, or iniquitous governments incapable of, or perhaps even opposed to, assisting citizens' realization of their human rights". Regional systems also complement the global system, which often is problematic in achieving consensus due to multiplicity of states and the absence of homogeneity. "As far as their processes are concerned", notes Sarkin, "regional systems for many reasons are more accessible, cheaper for litigants, and more effective in the work they do than international courts". However, the national, regional and international regimes all share a common goal in protecting …


International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor Jan 2014

International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor

The Transnational Human Rights Review

International human rights fact-finding (hereinafter "IHRFF") has been defined, rather generously, as: A method of ascertaining facts through the evaluation and compilation of various information sources ... [which] serves to illuminate the circumstances, causes, consequences and aftermath of an event from a systematic collection of facts. Understood in this way, IHRFF is not a new activity. Rather, various organizations, groups, and entities have engaged in it for a very long time. Indeed, issues relating to its ways and means, conceptual and operational problems, and best practices have occupied the attention of many practitioners, and cringed the brows of many of …