Nigeria: HIV-positive woman launches suit after being denied treatment

A 39-year-old woman who was denied treatment at a hospital in Lagos simply because she is HIV-positive is fighting back through the courts. The Center for the Right to Health has filed a lawsuit on her behalf, seeking damages as well as an injection to prevent further discrimination against people with HIV/AIDS who seek treatment.     

The ILO Social Protection Floors Recommendation 202, and poverty reduction

This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant provisions of the Recommendation and how states, particularly those in developing regions, can translate them to a tool for poverty reduction. The article highlights some of the deficiencies of ILO Recommendation 202 and provides some suggestions for ways forward.     

Eviction process in Nigeria: the need for meaningful engagement

The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard to the jurisprudence of the South African Constitutional Court on meaningful engagement, a critical evaluation of the case of Badia East eviction in Lagos, Nigeria is considered highlighting the flaws in the engagement process adopted. It is shown that the process of meaningful engagement with affected persons before an eviction occurs has the capacity to mitigate the human rights abuses that could arise from the process.     

The backlash against civil society in the wake of the Long War on Terror

The enthusiasm for civil society that emerged in the late 1980s and 1990s with the collapse of the Berlin Wall and the spread of democratic regimes has been replaced in recent years by a backlash against civil society on many levels and fronts. This has particularly intensified since the attacks of 11 September 2001 and the ensuing global war on terror. This article examines the causes of this backlash within the context of the ‘Long War on Terror’, describes the overt and implicit manifestations of the backlash, and reflects upon the implications for the future. It considers how the growing prominence of concerns about security and the concomitant expansion of counter-terrorist measures across the world threaten the spaces for civil society to flourish and act. It argues that while the manifestations of the backlash, such as the crackdown on NGOs in Russia and the taming of NGOs by bilateral and multilateral agencies, may appear to be disparate, unconnected phenomena, on closer inspection it is clear that they are intricately intertwined.     

Compulsory Licensing and Access to Medicines in Post Doha Era: What Hope for Africa?

Netherlands International Law Review -     

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

This paper proposes that in developing jurisprudence on women’s rights, the African Commission will need to ask the woman question, particularly the African woman question. The woman question requires a judicial or quasi-judicial body to always put woman at the centre of any decision with a view to addressing the historically disadvantaged position of women in society. Asking the African woman question means examining how the peculiar experiences of African women have been ignored by laws rooted in patriarchy across the region. Although the Commission has handled few cases directly dealing with women’s rights, the paper suggests that the Commission can draw inspiration from decisions of other regional and international human rights bodies such as the European Court on Human Rights and the Committee on Elimination of All Forms of Discrimination against Women (CEDAW Committee) on how to ask the woman question. The paper recommends that in line with feminist reasoning, there is a need for the African Commission to develop a consistent gender-sensitive approach in dealing with cases that may have implications for women. In essence, the African Commission must ask the African woman question when dealing with cases on the enjoyment of women’s fundamental rights.     

Landfill externalities and property values dilemma – emerging insights from three Ghanaian cities

Though debates about the negative impact landfill exerts on land and property values are by no means historically new, research into the case of developing countries has only recently begun. This article attempts to synthesise existing literature on the subject through the analysis of three case studies to enhance our understanding, especially the contextual conditions surrounding the relationship. Applying this theoretical framework to the disposal practices occurring in three cities in Ghana, this article offers insight into the culpability of landfills in negatively impacting property values. In an illuminating analysis, we argue that most engineered landfills in the country serve as a catalyst in correcting the ills of uncontrolled urbanisation (governance, attitudinal and financial constraints, etc.). We opine that landfills’ relationship with host communities must be understood in relation to our overall underdevelopment, coupled with the increasing economic and technical challenges shaping much of the country’s history.     

An injunction to prevent access to copyright infringing content,or perhaps not yet: UK perspective

In 2010, the United Kingdom High Court found an indexing company liable for the copyright infringements of its users when they downloaded materials from the Newzbin website. While its servers were located within UK jurisdiction and the majority of infringing content was in claimants' repertoire of films, the website was forced to cease operation. However, shortly after the ruling, it is believed to have moved its servers offshore and resumed operation from the same location, still accessible to UK users but beyond reach of the UK law. This prompted the case, Twentieth Century Fox & Ors v British Telecommunications Plc (2011), by the film studios to seek an injunction against one of UK's internet service providers, to force it to block its users' access to the Newzbin2 website. With the order granted and more UK ISPs also required to block their users' access to infringing content in Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors (2012), evidence also suggest that technical possibilities exist to render such a blockade ineffective. Beside debates on conflicting interests and proportionality, this paper argues that it may still, in reality, prove harder to achieve a stricter regulation.     

Biomedical loopholes, distrusted state, and the politics of HIV/AIDS "cure" in Nigeria

As socio-medical phenomena, epidemics are revealing of the cultures in which they are experienced. The HIV/AIDS epidemic in Africa exposes antecedent tensions between state and society, and, on a broader canvas, between the global north and south. As a contribution to the emerging literature on the social ramifications of HIV/AIDS, this article examines the saga of the Nigerian physician and immunologist, Dr Jeremiah Abalaka, who like other innovators in sub-Saharan Africa claims to have developed a curative HIV vaccine. Whilst articulating the social conditions that enabled Abalaka to thrive, the article explores the marked differences in the reaction to his "discovery" among state representatives, the scientific establishment, the general public, people living with HIV, and the media. Finally, the article valorizes the emergence of new actors in the African health sector, and the diversity of strategies used by ordinary people to achieve and maintain wellness.     

Teens and Spice: A Review of Adolescent Fatalities Associated with Synthetic Cannabinoid Use

Synthetic cannabinoids (SCs) are commonly abused by adolescents with reported past year (2013) use in high school students between 3 and 10%. Standard adolescent postmortem toxicology does not include routine SC analysis, and thus, the true burden of fatalities related to SCs is unknown. A retrospective case review of two cases included scene investigation, interviews, autopsy, and toxicology. SCs were confirmed by liquid chromatography–tandem mass spectrometry (LC?MS/MS). Review of the eight adolescent SC‐associated fatalities in the literature revealed five of eight cases had no other discernible cause of death on autopsy. Compounds detected included PB‐22 (1.1 ng/mL), JWH‐210 (12 ng/mL), XLR‐11 (1.3 ng/mL), JWH‐122, AB‐CHMINACA (8.2 ng/mL), UR‐144 (12.3 ng/mL), and JWH‐022 (3 ng/mL). With synthetic drug use on the rise, forensic experts should have a high index of suspicion for the possibility of SC intoxication in adolescent fatalities with no other discernible cause of death.