CEU Electronic Theses and Dissertations, 2023
| Author | Opabola, Oluwatimilehin |
|---|---|
| Title | Horizontal Application Of the Freedom from Discrimination in Kenya, Nigeria, and South Africa |
| Summary | As a fundamental right, freedom from discrimination is protected by Constitutions around the world. An issue has been whether or not private persons are capable of being held liable for the violation of human rights. This is hinged on the belief that human rights are the duties of the state to fulfill. Just like other rights, it is possible for the freedom from discrimination to be infringed upon not just by state actors but by non-state actors as well. Countries adopt the method which is believed to work best for them either by stating it expressly in the Constitution or by judicial decisions. In fact, for countries that have it expressly stated in the Constitution, it is still in doubt whether the requirements of the Constitution have been followed. This thesis examines, by way of comparative analysis, the doctrine of horizontal application of the right to freedom from discrimination in the contexts of the South African, Kenyan, and Nigerian Constitutions. The thesis highlights the extent to which the doctrine has been applied using case laws. It argues that the inclusion of a horizontal application in the Constitution does not guarantee its application. Instead, judges have a huge role to play in ensuring an adequate application of human rights. |
| Supervisor | Gebeye Berihun Adugna |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/opabola_oluwatimileh.pdf |
Visit the CEU Library.
© 2007-2021, Central European University