When the Law is not Enough: Tackling Intractable Problems of Human Rights-Prospects for Integrated Approaches

Abstract

Abstract

Intractable problems of human rights is a 48 months project that is being implemented at the Chair of African Legal studies, the University of Bayreuth in collaboration with the University of Rhodes in South Africa. The project focuses on three intractable problems of human rights, which are child labour, human trafficking, and the protection of LGBTQI+ rights, so defined because of the seeming impossibility to resolve them This project interrogates the question of why despite the establishment of extensive legal frameworks across Africa, some human rights violations persist with little or no change. Tremendous strides in the legal and institutional protection of human rights in Africa have seen the African Union champion an ever-growing framework of treaties and institutions dedicated to human rights protection. These moves have been complemented over the past 30 years with the adoption by many African countries of very progressive constitutions with dedicated bills of rights. However, despite these steps, many African citizens still suffer the yoke of human rights abuses and in some cases, their situations seem worse. For example, child labour continues to rob many African children of their future. In 2016, the International Labour Organisation estimated that one-fifth of all African children were involved in child labour. In countries across Africa, colonial-era laws continue to deny many citizens the right to choose whom they will love (HanO’Mahoney 2018). Right across the continent, from Algeria to Zimbabwe non-heterosexual relationships are subject to heavy penalties (Debele 2020) including in some cases death. The basic premise of this project is that several tough human rights problems have remained unresolved despite long years of legal assault. The project will be undertaken through an examination of three comparative case studies namely child labour, human trafficking and LGBTIQ rights in six selected countries. The programme of work and the project’s key structures and activities are built around these three case studies.