This paper examines the question, how, based on the right to life, the lifes of people with albinism can and should be protected in the case of Kenya.
The Right to life is an inherent right, and both state and non-state actors have legal obligations to refrain from intentional and unlawful deprivation of life. In spite of this, the belief and practice of witchcraft are traditionally rooted in a number of African communities, this has led in a series of violations of the rights of persons living with albinism. The most barbaric of all being the evisceration of their body parts or bones, to use them in witchcraft rituals, aimed to bring success in one's life, cure diseases and also keep evil at bay.
Nevertheless, this study examines the legal significance of international treaties protecting the right to life and security of persons living with albinism. An illustration of the principles established in the Convention on the Rights of Persons with disabilities and other core international norms that ordinarily protect the right to life will be demonstrated. Notably, international human rights serve as a catalyst for legal change, through furthering the promotion of fundamental human rights. In light of this observation, this study illustrates national court cases, domestic laws and practices structured by the Kenyan government that comply with its international obligations, in promoting and preserving the right to life of people with albinism.
Table of Contents
CHAPTER ONE
1.1 BACKGROUND INFORMATION
1.2 PROBLEM STATEMENT
1.3 RESEARCH OBJECTIVES
1.4 RESEARCH METHODOLOGY
1.5 RESEARCH QUESTIONS
1.6. OVERVIEW OF THE CHAPTERS
CHAPTER TWO
2.1 INTRODUCTION
2.2 TREATY LAW PROTECTING THE RIGHT TO LIFE OF PEOPLE WITH ALBINISM
2.3 STATE DUTY TO PROTECT PEOPLE WITH ALBINISM
2.4 MONITORING AND COMPLIANCE OF INTERNATIONAL TREATIES
CHAPTER THREE
3.1 INTRODUCTION
3.2 NATIONAL LAWS PROTECTING PEOPLE WITH ALBINISM
3.3 CONCLUSION AND RECOMMENDATIONS
Research Objectives and Themes
This project examines the legal mechanisms and state obligations involved in protecting the right to life for people living with albinism in Kenya, focusing on the intersection of international human rights norms and national legislative frameworks against the backdrop of harmful traditional practices.
- Legal protection of the right to life for persons with albinism.
- Impact of harmful traditional practices and witchcraft-related violence.
- State responsibility and due diligence under international law.
- Evaluation of Kenya's national legal framework and constitutional protections.
- Monitoring and compliance with international human rights treaties.
Excerpt from the Book
2.3 STATE DUTY TO PROTECT PEOPLE WITH ALBINISM
Evidently, killing a person with albinism constitutes a violation of a person's right to life. We are all aware of the irreplaceable value of life;meaning that without life other personal rights' cease to exist. The duty to preserve life imposes two distinct duties;these are negative and positive obligations. The negative obligation ordinarily creates obligations for individuals to refrain from taking someones' life, while the positive obligation imposes obligations on the State to respect human rights and to protect life.78 This said, authorities have a duty to take appropriate measures that prevent brutal attacks directed towards individuals with albinism;to preserving their life and physical integrity.
Attacks of persons with albinism are normally orchestrated by people in the private sphere. This raises the question as to who should be held responsible for the violation of human rights? Human rights treaties, and customary laws of human rights, ordinarily create obligations for States, and States are responsible for carrying out those obligations. This said, State responsibility occurs when a State violates its international obligations by a wrongful act or by an omission.79 This position was illustrated in the Rainbow Case where the court held that ‘any violation by a state of any obligation of whatever origin, gives rise to State responsibility.’80
Summary of Chapters
CHAPTER ONE: Introduces the topic of violence against people with albinism, presents the problem statement regarding ritualistic attacks, and outlines the research objectives and methodology.
CHAPTER TWO: Analyzes the international legal instruments and treaties designed to protect the right to life, while examining state obligations and the crisis of treaty compliance.
CHAPTER THREE: Investigates the national legal framework in Kenya regarding the protection of people with albinism and provides a concluding assessment with recommendations for reform.
Keywords
Albinism, Right to Life, Human Rights, Kenya, State Responsibility, Witchcraft, Ritual Attacks, International Treaties, Disability Rights, Constitutional Law, Child Protection, Due Diligence, Violence, Legislative Framework, Human Rights Violations.
Frequently Asked Questions
What is the core focus of this research?
The research focuses on the protection of the right to life for people with albinism in Kenya, analyzing how legal systems address the violence and discrimination they face.
What are the primary themes discussed in the work?
Key themes include the impact of harmful traditional practices, the role of international human rights treaties, state obligations to prevent violence, and the adequacy of national laws in Kenya.
What is the main research objective?
The objective is to examine the legal principles within the Constitution of Kenya and other national laws that promote and preserve the right to life for persons with albinism.
Which scientific methodology is utilized?
The study employs a methodology based on secondary data, extracting information from government documents, published books, academic journals, international reports, and case law.
What is covered in the main body of the text?
The main body covers international human rights instruments, the doctrine of state responsibility, monitoring of international treaties, and an evaluation of Kenya's domestic laws and protective policies.
Which keywords characterize this paper?
The paper is characterized by terms such as Albinism, Right to Life, State Responsibility, Human Rights, and Constitutional Law.
How does the author define the role of the State regarding private actors?
The author argues that the State has a positive obligation to exercise due diligence to prevent, investigate, and punish human rights violations even when these are committed by private individuals.
What conclusion is drawn regarding Kenya's current situation?
The conclusion suggests that while legal frameworks exist, there is a significant gap in implementation, requiring better investigation of crimes, increased public awareness, and dedicated policies to protect those with albinism.
- Quote paper
- Sylvia Waliaula (Author), 2018, Protecting the Right to Life of People Living With Albinism. A Case Study of Kenya, Munich, GRIN Verlag, https://www.grin.com/document/465857
