Diplomarbeit, 2018
27 Seiten, Note: 64
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
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.
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
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.
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.
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.
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.
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.
The study employs a methodology based on secondary data, extracting information from government documents, published books, academic journals, international reports, and case law.
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.
The paper is characterized by terms such as Albinism, Right to Life, State Responsibility, Human Rights, and Constitutional Law.
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.
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.
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