Decolonizing Law and its Practitioner’s Minds on the Example of LGBTQI+ Rights

COMMENT Isabelle Zundel 30 July 2021 Inspired by the contributors on the series “Decolonizing Law and Legal Studies” so far, I would like to stress the point Prof. Hamoudi made on the inevitable need to decolonize one’s mind in a world of deadlocked power relations between Global North and Global South. I will elaborate this…

Decolonisation, Law and Legal Education: A Multimodal View

COMMENT Prof. Dr. Luke Mason 30 July 2021 It is hardly a radical proposition to suggest that decolonisation is an essentially contested concept. Indeed, it is partly the pluralistic nature of the very idea which makes it an intrinsically valuable one, allowing a creative playfulness around the ideas of canonical and threshold knowledge, and providing…

Decolonizing the Rule of Law

COMMENT Prof. Dr. Haider Hamoudi 16 July 2021 A few years ago, in a book on the crisis of legitimacy facing the international rule of law movement,  I wrote a chapter on the importance of decolonizing the mind when approaching heavily loaded phraseology such as the “rule of law.”  Then and now, I have been…

Collective Human Rights in the Context of Decolonisation

ANALYSIS Prof. Dr. Bernd Kannowski 09 July 2021 What is decolonisation? By decolonisation we mean the processes of replacement that lead to the end of colonial rule, but above all the social, cultural, legal and economic developments that follow state independence. The process of decolonisation can be divided into five phases, with many considering the…

Entrenching the CRC’s ‘environmental rights’

COMMENT Prof. Dr. Thoko Kaime 30 June 2021 The CRC does not explicitly guarantee children a right to an ecologically healthy environment. However, within its environment-related children’s rights lies the core content of such a right. Both the interpretive as well as the monitoring functions of the Committee offer the possibility of better defining the…

Challenges of Criminalizing ukuthwala and Protecting Girls in South Africa

COMMENT Lea Mwambene and Roberta Mgidlana In this short note we ask: What are the challenges of criminalizing ukuthwala in the protection of girls affected by the practice? Ukuthwala is a ‘romantic mock abduction’ of an unmarried woman by a man who intended to marry her.[1]The intention is to force the girl’s family to enter…

Education as an Investment for the Future

COMMENT Temu Goodluck 25 June 2021 On 24th January 2021, the world celebrated the International Day of Education. This day results from the Resolution of the United Nation’s General Assembly of 6th December 2018.[1] Among others, the Resolution recognizes that “education plays a key role in building sustainable and resilient societies and contributes to the…

How can we live and govern in ways that will ensure a decent and meaningful livelihood for our grandchildren and their grandchildren?

ANALYSIS Dr. Tanu Biswas 18 June 2021 * Blog piece based on a forthcoming article co-authored with Prof. Thomas Hylland Eriksen[1] Within the last three months, at least two historical rulings resonate with childist pathways towards social transformation. By childist social transformation, I mean a world in which loving relationships with children and childhood itself,…

Customizing the Protection of the African (Girl) Child from Harmful Practices

COMMENT Tinyade Kachika 11 June 2021 Eliminating all forms of violence against all women and girls in the public and private spheres is a target under Sustainable Development Goal (SDG) 5.  In Africa, it is widely accepted that such violence may take the form of harmful practices such as child marriage, female genital mutilation, child…

Child Labour in Somalia – A Legal Analysis

ANALYSIS Lisa Strube 04 June 2021 According to UNICEF, there are 218 million working children between the ages of 5 and 17 years worldwide. 152 million of these working children are so-called child labourers[1], meaning they are children who are forced to work under conditions which violate their rights and endanger their development. Child labour…