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South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty
(Law, Democracy & Development, 2002)
The drafters of the Constitution clearly envisaged a far-reaching role for it in the transformation of post-apartheid society.' Among the key aims of the Constitution is to "improve the quality of life of all citizens and ...
The value of human dignity in interpreting socio-economic rights
(South African Journal on Human Rights, 2005)
There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ...
The courts and socio-economic rights: carving out a role
(ESR Review, 2002)
Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ...
Social Citizenship: A Precondition for Meaningful Democracy
(Agenda: Empowering Women for Gender Equity, 1999)
In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were ...
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
(ESR Review, 2014)
Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
(ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ...
Socio-economic rights under a transformative Constitution The role of the academic community and NGOs
(ESR Review, 2007)
Following Karl Klare’s seminal article in the 1998 SA Journal on Human Rights, South Africa’s Constitution has been widely described by the courts and in academic literature as a “transformative Constitution”. While finding ...
Limitation of socio-economic rights in the 2010 Kenyan Constitution: a proposal for the adoption of a proportionality approach in the judicial adjudication of socio-economic rights disputes
(Potchefstroom Electronic Law Journal, 2013)
On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 ...
The Place of the "Minimum Core Approach" in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution
(Journal of African Law, 2015)
The high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, ...
Socio-economic gains and losses: The South African Constitutional Court and social change
(Social Change, 2011)
The inclusion of socio-economic rights in South Africa’s transformative Constitution, it was felt, would make the Constitution relevant to the majority of South Africans, in particular the previously oppressed. Accordingly, ...
Muddying the waters: the Supreme Court of Appeal’s judgment in the Mazibuko case
(ESR Review, 2009)
On 25 March 2009, the Supreme Court of Appeal handed down judgment in the Mazibuko case. The case was an appeal against the judgment of the Johannesburg High Court (now the South Gauteng High Court) of 30 April 2008, ...