The Ukrainian refugee crisis has exposed multifaceted layers of discrimination, racism, and prejudice towards “the other” by European and Western states.   Despite the condemnation of differential treatment and racism against non-Ukrainian refugees and the implementation of protective measures for all refugees, differential treatment and double standards continue to manifest in practice.

Cross border climate change displacement and its impact on children are international concerns which will not disappear anytime soon. Therefore, research and policymaking efforts must be increased to ensure the protection of the rights of these children.

The majority opinion in Dobbs v. Jackson Women’s Health Organization is an absolutely negative lesson for the African region and African women. Its refusal to recognise women with unwanted pregnancy as gendered moral subjects with decisional constitutional authority in respect of abortion is a manifest denial of the equality and human dignity of women.

Survenant par la force des armes ou à travers une subtile modification de la constitution, ne conservant qu’une apparence de légalité, ce phénomène est récurrent sur le continent noir et génère de lourdes menaces pour la démocratie et l'état de droit. La fréquence des changements inconstitutionnels ces dernières années nous amène à nous demander s’ils ne se sont pas érigés en une nouvelle mode d’ascension au pouvoir.

This post reflects on the peculiarities marking the application of several human rights in migration controls on the African continent, with a focus on how States often contradict regional and sub-regional treaties.

Unconstitutional changes of government constitute a grave danger to the stability and consolidation of democracy in Africa. The recent wave of coups d’état in Burkina Faso, Guinea, Mali and Niger – coming at a time of unprecedented poverty and threats of famine initially caused by the COVID-19 pandemic and now aggravated by the Russian invasion of Ukraine – is likely to provoke more political instability.

In the run-up to the World Congress, ALM and the IACL-AIDC blog present a new series as a foretaste of the brilliant thinking that will be in evidence at the Congress. We will feature some of our wonderful plenary speakers as well as members of the Programme Commission and some members of the Executive Committee of the IACL who have constructed the programme. Our theme for the conference is ‘Constitutional Transformations’.

The African Commission and African Court have made important contributions towards furthering rights protected by the African Charter. However, without sufficient compliance mechanisms, what is the significance of rich jurisprudence beyond academic interest? There is a serious culture of non-compliance and non-enforcement, which undermines the legitimacy and credibility of the Commission and Court’s judgments and orders.

On 12 May 2022, the South African Constitutional Court heard its first ever copyright discrimination matter brought by Blind SA, an organisation serving the interests of people with print and visual disabilities, on the basis that South Africa’s copyright laws unfairly discriminate against them and violate several constitutional rights.

On 24 March 2022, the Kenya High Court delivered a momentous ruling on the right to abortion in PAK & another v Attorney General & 3 others . The decision sets a tempo in safeguarding women’s rights not only in Kenya but across the world.

In an address on 28 March 2022, President Salva Kiir of South Sudan reiterated his opposition to the Hybrid Court for South Sudan (HCSS)—a judicial body which, if established, would have jurisdiction to prosecute those responsible for serious international crimes that have occurred in South Sudan.

The right to freedom of conscience, religion, thought, belief, and opinion is guaranteed by the Constitution of the Republic of South Africa, 1996, yet judicial officers have found themselves in predicaments where their religious beliefs led to their judicial propriety being questioned.

The unchanging centrality of the state rests on defense and security. These matters should escape the weaknesses of constitutional elasticity. One of the essential functions of the Constitution is to produce stability and durability in the legal framework within which political actors operate.

La centralité immuable de l’État repose sur la défense et la sécurité. Ces questions devraient échapper aux faiblesses de la plasticité constitutionnelle. L’une des fonctions essentielles de la Constitution est de produire la stabilité et la durabilité du cadre juridique dans lequel les acteurs politiques évoluent.

COVID-19 may be one of the most devastating pandemics of our generation but it is unlikely to be the last. The TRIPS Waiver remains a crucial step to ending the pandemic and its disproportionate effects on African countries and the global South.