FRELIP Weekly Research Digest — Law (week of 26 September 2026)

FRELIP · Open Access Research Digest
Law
Week ending 26 September 2026
10 new OA papers🌍 6 African-led🔬 4 global
10
new OA papers
6
African-led
4
global
9
journals
Featured open-access journals: Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad · Cogent Education · Laws · South African Journal on Human Rights · Argumentation and Advocacy · Information & Communications Technology Law · Journal of Policy Analysis and Management

This week’s digest covers law, education policy, and public health research, with a focus on African legal scholarship and its practical impact.

📊 This week at a glance

#FindingJournalLeadRegion
1The UN is formally exploring a new treaty to guarantee free pre-primary and secondary educationPotchefstroom Electronic Law Journal/Potchefstroomse Elektroniese RegsbladBeiter🌍 African
2South Africa’s inclusive education policies are failing Black learners with disabilities in rurCogent EducationGongotha🌍 African
3The ICJ’s 2025 climate advisory opinion expands state obligations beyond treaties, with implicaLawsJegede🌍 African
4Socio-economic rights litigation in South Africa often fails to improve the lives of poor womenSouth African Journal on Human RightsBruintjies🌍 African
5South Africa’s Constitution already provides a legal basis for a Basic Income Grant, shifting tArgumentation and AdvocacyMdletshe🌍 African
6The Western Cape Commissioner for Children is a unique sub-national body, but its powers and imSouth African Journal on Human RightsCouzens🌍 African
7The EU’s DSA Transparency Database has significant shortcomings that undermine its goal of a trInformation & Communications Technology LawLeijten🔬 Global
8Permitless concealed carry laws in the US are associated with an increase in crime, particularlJournal of Policy Analysis and ManagementParker🔬 Global
9A new method using main path analysis can track how case law evolves over time, making it easieArtificial Intelligence and LawJiang🔬 Global
10Brazil’s first updated guidelines in years for treating invasive candidiasis address high mortaThe Brazilian Journal of Infectious DiseasesColombo🔬 Global

🌍 African-led research

The UN is formally exploring a new treaty to guarantee free pre-primary and secondary education for children worldwide.

In 2024, the UN Human Rights Council created a working group to draft an Optional Protocol to the Convention on the Rights of the Child, and its first session was held in September 2025. This matters because the current Convention does not explicitly protect free pre-primary or secondary education, leaving millions of African children without a binding international guarantee. The article is an annotation of that intervention, so it reports on the process rather than a final outcome.

Klaus Dieter Beiter et al. · Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

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South Africa’s inclusive education policies are failing Black learners with disabilities in rural areas, despite progressive laws.

The paper documents a persistent gap between policies like Education White Paper 6 and the reality in rural provinces, where these learners remain systematically marginalised. This changes the narrative from policy adoption to implementation failure, showing that legal promises alone do not ensure access. For African scholarship, it highlights the need for research and advocacy that hold government accountable for delivering on inclusive education commitments.

Shumikazi Gongotha et al. · Cogent Education

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The ICJ’s 2025 climate advisory opinion expands state obligations beyond treaties, with implications for South Africa’s climate pledges.

The opinion clarifies that climate duties arise not only from climate treaties but also from broader international law, potentially strengthening domestic accountability. This shifts the legal landscape by framing climate action as a binding duty rather than a voluntary pledge. For African countries, it offers a tool to push for more ambitious Nationally Determined Contributions and to hold governments accountable for climate inaction.

Ademola Oluborode Jegede et al. · Laws

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Socio-economic rights litigation in South Africa often fails to improve the lives of poor women, as their experiences are sidelined in legal strategies.

The article argues that centring poor women’s needs in social change litigation could make rights claims more effective in addressing poverty and vulnerability to violence. This challenges the assumption that winning rights cases automatically translates into social change. For African legal scholarship, it calls for a more grounded, intersectional approach that listens to the people the law is meant to serve.

Coline Bruintjies et al. · South African Journal on Human Rights

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South Africa’s Constitution already provides a legal basis for a Basic Income Grant, shifting the debate from economics to rights.

The paper shows that section 27(1)(c) of the Constitution, which guarantees the right to social security, can be used to justify a BIG. This changes the argument from affordability to legal obligation, potentially strengthening advocacy for universal income support. For African policy, it demonstrates how constitutional provisions can be leveraged to advance social protection in contexts of high inequality.

Mphatho Luyanda Mdletshe et al. · Argumentation and Advocacy

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The Western Cape Commissioner for Children is a unique sub-national body, but its powers and impact need closer scrutiny.

The paper analyses the establishment, powers, and duties of this institution, the only sub-national child rights body in South Africa. It highlights how such an institution can facilitate child participation but also notes potential limitations in its mandate. For African scholarship, it offers a model for decentralised child rights governance that other regions could adapt.

Meda Couzens et al. · South African Journal on Human Rights

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🔬 Global breakthroughs

The EU’s DSA Transparency Database has significant shortcomings that undermine its goal of a trusted online environment.

The paper empirically critiques the database, finding gaps in how platforms report content moderation decisions. This matters because transparency is a cornerstone of the DSA, and failures here weaken accountability. For African researchers, it provides a cautionary tale for designing similar transparency mechanisms in emerging digital regulation.

Eline L. Leijten et al. · Information & Communications Technology Law

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Permitless concealed carry laws in the US are associated with an increase in crime, particularly violent crime.

The study estimates the causal impact of these laws, which allow carrying a concealed handgun without a license or background check, and finds a rise in crime rates. This challenges the argument that loosening gun restrictions improves public safety. For African policymakers, it underscores the importance of evidence-based firearm regulation, though the context differs.

Susan M. Parker et al. · Journal of Policy Analysis and Management

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A new method using main path analysis can track how case law evolves over time, making it easier to identify trends in judicial reasoning.

The paper applies this technique to legal networks, moving beyond precedent identification to trace historical developments. This could help lawyers and researchers keep up with relevant case law more efficiently. For African legal systems, it offers a tool to analyse and understand the evolution of domestic jurisprudence, especially where case law is growing.

Xiaorui Jiang et al. · Artificial Intelligence and Law

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Brazil’s first updated guidelines in years for treating invasive candidiasis address high mortality by recommending better diagnostics and access to antifungals.

The guidelines target candidemia and deep-seated Candida infections, which disproportionately affect low- and middle-income countries due to late diagnosis and limited drug access. This update provides a standardised approach that could improve patient outcomes. For African health systems, it offers a template for developing context-specific guidelines for fungal infections, which are often neglected.

Arnaldo Lopes Colombo et al. · The Brazilian Journal of Infectious Diseases

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Why this week matters: This week’s research highlights how legal frameworks and policy implementation shape outcomes in education, social welfare, and health, with African scholarship leading critical examinations of rights and accountability.

All papers are open access. Explore more Law research on FRELIP · discover open scholarship at frelip.org and search 36,000+ open works at search.frelip.org. FRELIP — born in Nigeria, built for African scholarship, serving the world.

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