Civil and Criminal Law

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Browsing Civil and Criminal Law by Author "Bakta, Seraphina M."

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    Attitudes on children victims of sexual abuse and the relevance of poverty reduction policies in developing countries: A Tanzanian perspective
    (World Conference on Child and Youth, 2019) Bakta, Seraphina M.
    Children who are sexually abused are likely to encounter discrimination, feel blameworthy, and a lack of support from the very people who should support them. Questions asked of the victim, such as “why were you raped," are the norm, though it is the perpetrator who should be asked why he raped. More importantly, poverty in families is both a cause and an effect of child sexual abuse. This paper employs doctrinal research methodology to examine the attitudes to, and cultural perspectives of, child sexual abuse and the relevance of poverty-reduction policies in addressing child sexual abuse. It is argued that there is a link between cultural ideologies and poverty when it comes to child sexual abuse in Tanzania. There, for example, children are abused on the grounds of superstition and the belief that sexual intercourse by an adult with a child will make the perpetrator rich. Furthermore, because of poverty, families are reluctant to report sexual abuse committed within the confines of the family, especially when the perpetrator is a breadwinner, or when there is “compensation”. This paper concludes that, despite the fact that Tanzania has taken various measures to address child sexual abuse, cultural ideologies should be addressed hand in hand with comprehensive policies on poverty reduction when addressing child sexual abuse.
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    Protection of human dignity in the context of cyber warfare: the status quo of international law regulating the use of force
    (Journal of Contemporary African Legal Studies, 2023) Luchagula, Hellen; Bakta, Seraphina M.
    The protection of human dignity is fundamental basis for the development of human rights and humanitarian law. Currently, cyber operations in warfare are becoming a humanitarian concern because of their ability to incapacitate infrastructure and affect the provision of essential services to civilians. The use of force under the international legal regime is still the same as it had been prior to these developments. Considering its effects on human dignity, the extent to which the conventional methods and the legal framework are adequate to counter such use becomes relevant. This article examines the adequacy of international law on the use of force in protecting human dignity in cyber warfare. The article is based partly on the empirical study, ‘Regulating the use of force in international law: An appraisal of the conventional methods in regulating cyber warfare’ by the authors. It employs both empirical and documentary review methods to address this matter. It is argued in this article that the existing regime is not sufficient because it is too obsolete. Furthermore, because of the unique features of cyberspace, the regime does not adequately ensure the respect for human dignity.