The Desirability of the derogation clause in International Human Rights Law and the Africa Charter on human and peoples' rights

Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law SchoolHuman rights are protected under international human rights law. In exceptional cases, such as a concern of the community of nations, states are allowed to temporarily suspend from some of their treaty obligations. Such exceptional circumstances, provided for in derogation provisions, are established in treaties such as the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and the American Convention on Human Rights. The African Charter on Human and Peoples' Rights does not contain such exceptional provisions. This paper aims at analysing the lack of a derogation clause from the African Charter. Through secondary modes of data collection, which mainly includes of books, journal articles and decided cases, this paper seeks to assess the scope of the doctrine of derogation from international and regional human rights instruments. By doing so, the practicability of the derogation clause will be examined. Further undertakings of this study will be to discuss the advantages and disadvantages of including a derogation clause in the African Charter, as well as highlighting the practice of derogation in some African states

Effect of Legal and Technological Arrangements on Performance of Micro and Small Enterprises in Kenya

The purpose of technology is to improve productivity of enterprises and enhance the quality of goods produced by the firms to help them withstand local and international competition. When applied to micro and small enterprises, technology has proved to be the engine of economic growth amongst “Asian Tigers”. This paper aimed at investigating how legal and technological arrangements that micro and small enterprises (MSEs) have entered into enforce quality practices in their industry to improve performance of their businesses. It used training, purchase of equipment, franchising and sub-contracting as its independent variables while enterprise performance was its dependent variable. Both qualitative and quantitative research designs were used which was descriptive in nature. The target population for the study was MSEs in Embu district who received any form of technology between the years 2008 and 2010. The findings of the study revealed that dependent variables were a function of investment in technology. Consequently, these variables affect performance of MSEs which in turn influences the type of legal and technological arrangements that the MSEs adopt. At start-ups and early stages of business growth, there is very minimal investment in technology which results to adoption of lower levels of legal and technological arrangements and consequently to ineffective MSE performance. This is the situation in Kenya today and unless interventions are made to break this status quo, the study concluded that the MSEs are off the road to achievement of Kenya’s vision 2030. Key words; Micro and Small Enterprise Performance, Quality, Technology

Recovery from depressive symptoms, state anxiety and post-traumatic stress disorder in women exposed to physical and psychological, but not to psychological intimate partner violence alone: A longitudinal study

<p>Abstract</p> <p>Background</p> <p>It is well established that intimate male partner violence (IPV) has a high impact on women's mental health. It is necessary to further investigate this impact longitudinally to assess the factors that contribute to its recovery or deterioration. The objective of this study was to assess the course of depressive, anxiety and post-traumatic stress disorder (PTSD) symptoms and suicidal behavior over a three-year follow-up in female victims of IPV.</p> <p>Methods</p> <p>Women (n = 91) who participated in our previous cross-sectional study, and who had been either physically/psychologically (n = 33) or psychologically abused (n = 23) by their male partners, were evaluated three years later. A nonabused control group of women (n = 35) was included for comparison. Information about mental health status and lifestyle variables was obtained through face-to-face structured interviews.</p> <p>Results</p> <p>Results of the follow-up study indicated that while women exposed to physical/psychological IPV recovered their mental health status with a significant decrease in depressive, anxiety and PTSD symptoms, no recovery occurred in women exposed to psychological IPV alone. The evolution of IPV was also different: while it continued across both time points in 65.21% of psychologically abused women, it continued in only 12.12% of physically/psychologically abused women while it was reduced to psychological IPV in 51.5%. Hierarchical multiple regression analyses indicated that cessation of physical IPV and perceived social support contributed to mental health recovery, while a high perception of lifetime events predicted the continuation of PTSD symptoms.</p> <p>Conclusion</p> <p>This study shows that the pattern of mental health recovery depends on the type of IPV that the women had been exposed to. While those experiencing physical/psychological IPV have a higher likelihood of undergoing a cessation or reduction of IPV over time and, therefore, could recover, women exposed to psychological IPV alone have a high probability of continued exposure to the same type of IPV with a low possibility of recovery. Thus, women exposed to psychological IPV alone need more help to escape from IPV and to recuperate their mental health. Longitudinal studies are needed to improve knowledge of factors promoting or impeding health recovery to guide the formulation of policy at individual, social and criminal justice levels.</p

Adverse Birth Outcomes and Associated Risk Factors

The cause for adverse birth outcomes such as prematurity, low birth weight, small for gestational age, among others, is not clearly understood. Despite medical advancements, infants that overcome poor birth outcomes face significant cognitive, behavioral, and developmental challenges in their childhood and throughout their lifespan. It has been established that some race/ethnic groups and populations in the lower economic strata are disproportionately affected by adverse birth outcomes. It is of utmost importance to continue exploring factors that contribute to race/ethnic disparities in order to develop targeted intervention strategies. In Nevada, several initiatives have been developed to address disparities in poor birth outcomes, however, the state faces challenges such as: provider shortages, long distance to hospitals and/or areas that offer health care services, low high school graduation rates, exposure to environmental tobacco smoke among casino workers, a growing prescription and illicit drug use problem, among others. The goals of this epidemiological study were to: 1) determine whether distance was a barrier in obtaining specialized care for very low birth weight (VLBW) infants, 2) asses the association between working in the service industry and preterm birth among Hispanic women and 3) evaluate the relationship between depression, substance use, and low birth weight. In study one, distance of more than 50 miles was found to be associated with delivery of a VLBW infant in a non-level III hospital. Study two revealed that Hispanic women working in the service industry had increased odds of preterm birth compared to those working in administrative support positions. Results of study three showed that mothers who used prescription drugs during pregnancy had higher odds of delivering a low birth weight baby. Additionally, women with a clinical diagnoses of depression prior to becoming pregnant had higher odds of using substances during pregnancy (OR: 3.51; 95% CI = 3.46–3.56) compared to women who did not have a clinical diagnoses of depression prior to pregnancy. The findings of this dissertation support avenues to further explore factors associated with adverse birth outcomes and barriers to accessing health care services among pregnant women

Birth Defects: Interpregnancy Interval and Spatial Epidemiology

Birth defects are an important public health issue because they are the leading cause of infant mortality, causing one in every five infant deaths. Multiple factors cause some birth defects, however, the etiology of nearly half of all birth defects is unknown. Several factors affect birth defects surveillance in the United States (US) such as birth defects case ascertainment methods, pregnancy outcomes and the nomenclature used for coding birth defects. We reviewed literature on the challenges of birth defects surveillance in the US. Then we implemented two epidemiological studies using data from Nevada Birth Outcomes Monitoring System, a statewide population-based birth defects surveillance system and live birth certificate data for the period 2005-2011 to investigate the relationship between interpregnancy and birth defects. In addition, we examined the spatial patterns of birth defects and used a spatial scan statistic to identify spatial birth defects clusters at ZIP Code level. After adjusting for demographics and other confounders, the results showed that a long interpregnancy interval was independently associated with birth defects. Other independent risk factors for birth defects were male infants, advancing maternal age, Black women, three or more previous births, smoking, and prescription drug use. Additionally, it was clear that birth defects prevalence varies widely within Nevada counties. Furthermore, a statistically significant (p<.0001) cluster of birth defects was identified at ZIP Code level in Clark County. The results highlight the need for maternal and child health programs and health care providers to include interpregnancy interval in the campaign of improving birth outcomes. In addition, further investigations at neighborhood level are needed to elucidate these disparities in order to guide targeted birth defects prevention efforts

Addressing challenges in communicating adaptation practices to smallholder farmers in Kenya through a radio intervention

Farmers in Africa are particularly vulnerable to the impacts of climate change due to their high dependency on climate-sensitive natural resources. Kenyan farmers are faced with limited public agricultural extension services, narrowing their sources of useful information including adaptive strategies that would help them cope with the impacts of climate change. Radio can be an effective extension tool with the ability to reach many farmers in their local language. This study investigated the potential of radio in influencing the utilization of climate change information by farmers in Kilifi County, located along the Kenyan coast. Education and communication about climate change was undertaken using radio to make available and understandable information to different social and cultural groups. This study revealed that radio can effectively complement other agricultural extension methods and has the potential to engage farmers on climate change issues and motivate them to take action, if appropriate approaches are used. Although very few farmers (33%) reported to have listened to the programs, a high percentage (82%) of those who did implemented the recommended strategies and technologies they heard. The major challenges reported by farmers to accessing the radio programs were lack of a radio and unsuitable program timing. An additional reported challenge was the inability to store or record the programs resulting in farmers relying on their own recollection when implementing strategies. Further research should explore the use of social learning approaches that encourage group rather than individual listenership (such as community listening clubs and community-based radio schools) to overcome these challenges

Improving crop productivity and water use efficiency in basin rice cultivation in Kenya through SRI

Improving the yield of rice (Oryza sativa L) in existing irrigated areas rather than further expansion is more likely to be the main source of growth for the crop in Kenya, especially due to limited land and water resources. In order to achieve this, there is need to identify and adopt solutions that are environmentally more sustainable. That is, the production systems adopted should reduce water consumption and increase productivity. This study evaluated whether the System of Rice Intensification (SRI) could increase water use efficiency and crop productivity relative to the conventional production system of continuous flooding. The effects of SRI on total water input and the growth characteristics of three rice varieties were investigated in a split-plot factorial at the experimental farm of the Mwea Irrigation Scheme of Kenya during the August - December 2009 growing season on vertic clay soils. The production practices of SRI were found to be beneficial to rice growth. SRI gave higher average grain yield (14.85 t/ha) than the conventional production system (8.66 t/ha) at P=0.006, while the average yield across production systems was 15.89 t/ha, 11.26 t/ha and 8.10 t/ha for BW196, NERICA1 and Basmati370 varieties respectively, with

Social support and the effects of the COVID-19 pandemic among a cohort of people living with HIV (PLWH) in Western Kenya.

As coronavirus disease (COVID-19) was declared a pandemic in 2020, countries around the world implemented various prevention strategies, such as banning of public and social gatherings, restriction in movement, etc. These efforts may have had a deleterious effect on already vulnerable populations, including people living with HIV (PLWH). PLWH were concerned about contracting COVID-19, the impact of COVID-19 on their social networks that provide social support, and the continued availability of antiretroviral medications during the pandemic. In addition, their mental health may have been exacerbated by the pandemic. The purpose of this study was to explore pandemic-related concerns among a cohort of PLWH in Kenya and investigate social support factors associated with symptoms of depression and anxiety. This study is part of a larger cohort study that recruited from two clinics in Western Kenya. Data are drawn from 130 PLWH who participated in two phone surveys about experiences during the pandemic in 2020 and 2021. Participants reported a variety of concerns over the course of the pandemic and we documented statistically significant increases in symptoms of depression and anxiety over time, which affected some participants' ability to adhere to their antiretroviral medication. However, a small but statistically significant group of participants reached out to expand their networks and mobilize support in the context of experiencing mental health and adherence challenges, speaking to the importance of social support as a coping strategy during times of stress. Our findings call for holistic approaches to HIV care that consider the broader political, economic, and social contexts that shape its effectiveness

Social support and the effects of the COVID-19 pandemic among a cohort of people living with HIV (PLWH) in Western Kenya

As coronavirus disease (COVID-19) was declared a pandemic in 2020, countries around the world implemented various prevention strategies, such as banning of public and social gatherings, restriction in movement, etc. These efforts may have had a deleterious effect on already vulnerable populations, including people living with HIV (PLWH). PLWH were concerned about contracting COVID-19, the impact of COVID-19 on their social networks that provide social support, and the continued availability of antiretroviral medications during the pandemic. In addition, their mental health may have been exacerbated by the pandemic. The purpose of this study was to explore pandemic-related concerns among a cohort of PLWH in Kenya and investigate social support factors associated with symptoms of depression and anxiety. This study is part of a larger cohort study that recruited from two clinics in Western Kenya. Data are drawn from 130 PLWH who participated in two phone surveys about experiences during the pandemic in 2020 and 2021. Participants reported a variety of concerns over the course of the pandemic and we documented statistically significant increases in symptoms of depression and anxiety over time, which affected some participants’ ability to adhere to their antiretroviral medication. However, a small but statistically significant group of participants reached out to expand their networks and mobilize support in the context of experiencing mental health and adherence challenges, speaking to the importance of social support as a coping strategy during times of stress. Our findings call for holistic approaches to HIV care that consider the broader political, economic, and social contexts that shape its effectiveness