sorted by

Date added

36 relationships, 13 entities

10 of 35 hubs

Select target paragraph3

● ● ●

Uwazi is developed by
African Human Rights CLA 2.0
Library
Login

Info
36Relationships

97/93_14AR John K. Modise v Botswana

ACHPR Decision

Search Tips

Search text

Type something in the search box to get some results.

Summary of Facts1
Complaint1
Procedure1
Law4
Admissibility4
Merits4
The State Party's Response4
Holding10

97/93_14AR John K. Modise v Botswana

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Equality Before the Law
Freedom of Movement
Participation in Government
Right to Fair Trial
Right to Health
Right to Property
Torture and Ill Treatment

Case Head Notes: The Complainant claims citizenship of Botswana under the following circumstances: His father was acitizen of Botswana who went to work in South Africa. While in South Africa, he married and theComplainant was an issue of that marriage. The Complainant's mother died shortly after his birth and theComplainant was sent to Botswana, where he grew up. The Complainant therefore claims Botswana nationality by descent.

Country

Botswana

Outcome: Decided on Merits

Year Decided: Nov 6, 2000

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 12: Right to Freedom of Movement
ACHPR 13: Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 16: Right to Health
ACHPR 16.1: Right to Enjoy the Best Attainable State of Physical and Mental Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Violated (ACHPR Provisions)

ACHPR 12: Right to Freedom of Movement
ACHPR 13: Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Not Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 16: Right to Health

Duration of Procedure

Mar 3, 1993 ~ Nov 6, 2000

Country Geolocation

Latitude: -22.328474

Longitude: 24.684866

Country Geolocation (linked ACHPR Decision): Botswana

Primary Documents

97_93_14AR John K. Modise _ Botswana.pdf
English
Download View
87. 97_93_14AR John K. Modise _ Botswana PT.pdf
Portuguese
ML TOC
Download View

African Charter on Human and Peoples' Rights

Article 12 1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by t he law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public hea lth or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non - national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

African Charter on Human and Peoples' Rights

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Treaty

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs

Treaty

African Charter on Human and Peoples' Rights

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

317/06 Nubian Community in Kenya v. Kenya

Modise v. Botswana

ACHPR Decision

317/06 Nubian Community in Kenya v. Kenya

Communication 97/93

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

286/04 Dino Noca v Democratic Republic of the Congo

Communication no 97/93

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Treaties and softlaw only17
- Treaty17
No Label18
- ACHPR Decision18
Location1
- Countries (Geolocation) 1

Create Reference

Select relationship type

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

Search Tips

View

Add entities / documents

Search Tips