Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 85-104 of 364
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Enforcement of economic, social and cultural rights in Uganda
(ESR Review : Economic and Social Rights in South Africa, 2009)Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ... -
The enforcement of socio-economic rights against local governments in South Africa
(International Development Law Organization (IDLO), 2015)Poverty and underdevelopment are South Africa’s greatest challenges. These are inextricably linked to uneven access to adequate public services. By all accounts, South Africa has made impressive progress in extending ... -
Enforcing housing rights
(ESR Review : Economic and Social Rights in South Africa, 2009)On 27 March 2009, the Supreme Court of Appeal (SCA) overturned a High Court judgment ordering the Ekurhuleni Metropolitan Municipality (the municipality) to buy land which had been unlawfully occupied by about 76 families ... -
Enforcing socio-economic rights as individual rights: The role of corrective and distributive forms of justice in determining “appropriate relief”
(ESR Review : Economic and Social Rights in South Africa, 2008)Different notions of justice influence the remedies that courts grant in socio-economic rights litigation. The two theories of justice discussed here derive from the philosophies of corrective and distributive forms of ... -
Enforcing the economic, social and cultural rights in the African Charter on Human and Peoples' Rights : twenty years of redundancy, progression and significant strides
(African Human Rights Law Journal, 2006)The fight against poverty and underdevelopment in Africa is amongst others dependent on how successfully the socio-economic rights protected in both the regional and universal instruments are concretised. The last 20 years ... -
Engaging meaningfully with government on socio-economic rights : A focus on the right to housing
(Community Law Centre, University of the Western Cape, 2010)To make sure that service delivery is effective and has a positive impact on people’s quality of life, it is important to have meaningful engagement between communities and the government. South Africa’s Constitution makes ... -
Engaging the paradoxes of the universal and particular in human rights adjudication: The possibilities and pitfalls of ‘meaningful engagement’
(African Human Rights Law Journal, 2012)This article examines the disjunctures between the universal aspiration of human rights norms and the complexity of their interpretation and application in diverse and pluralistic contexts. It examines the extent to which ... -
Entrenching decentralisation in Africa: A review of the African Charter on the values and principles of decentralisation, local governance and local development
(The Hague Journal on the Rule of Law, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
Entrenching decentralisation in Africa: A review of the African charter on the values and principles of decentralisation, local governance and local development
(Springer Verlag, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
EPRDF’s ‘menu of institutional manipulations’ and the 2015 regional elections
(Regional & Federal Studies, 2018)Ethiopia is generally considered to have ‘a dominant party authoritarian’ system in which the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), along with its affiliates, enjoy electoral dominance. This contribution ... -
‘Equally unequal or unequally equal’: Adopting a substantive equality approach to gender discrimination in Nigeria
(SAGE Publications, 2017)The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach ... -
Eviction process in Nigeria: the need for meaningful engagement
(Commonwealth Law Bulletin, 2018)The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard ... -
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ... -
Ex-prisoners' views on imprisonment and re-entry
(Civil Society Prison Reform Initiative, 2009)This research project gathered information from ex-prisoners about their experiences during and after imprisonment. Knowing what prison system users think and say about the system is important because they are ultimately ... -
Ex-prisoners' views on imprisonment and re-entry
(Community Law Centre, University of the Western Cape, 2009)In the past 15 years much research has been conducted on the prison system in South Africa focusing on governance, law reform and human rights. It is, however, of particular concern that the voices of prisoners and ... -
Expungement of a criminal record Crimes committed by a child
(Dullah Omar Institute, 2018)Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS). This allows a person to carry on with life without a criminal record being an obstruction ... -
Expungement of a criminal record May 2018 Crimes committed by an adult
(2018)Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS).This allows a person to carry on with life without a criminal record being an obstruction ... -
Facilitating public participation: A niche role for the speaker?
(Community Law Centre, University of the Western Cape, 2007)Considerable attention has been drawn to local government’s ability to facilitate public participation and the role and effective administration of ward committees. Undoubtedly the most important aspect of the local ... -
Failing to discipline in SAPS - Fostering a culture of impunity
(Dullah Omar Institute, 2019)It is with unfortunate regularity that we read reports in the media about corrupt South African Police Service (SAPS) officials and officials implicated in other crimes, including human rights violations. Indicative of ... -
Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa
(Institute for Security Studies, 2012)The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and ...