Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 225-244 of 364
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Perspectives on local government’s place in federal systems and central–local relations
(Commonwealth Journal of Local Governance, 2022)To expand on the themes identified by Tomas Hachard’s paper Capacity, voice and opportunity: advancing municipal engagement in Canadian federal relations, the Journal commissioned six personal ‘perspectives’ from a diverse ... -
The place and role of local government in federal systems
(Konrad-Adenauer-Stiftung, 2005)South Africa has embarked on an important experiment of creating a decentralised system of government comprising three spheres of government – national, provincial and local. In comparison with international practice, ... -
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, ... -
Pocket Guide to Arrest and Detention in Malawi, Lilongwe
(Paralegal Advisory Services Institute (PASI), Catholic Commission for Justice and Peace (CCJP), Centre for Human Rights and Rehabilitation (CHRR), the Centre for Human Rights Education, Advice and Assistance (CHREAA), and the Community Law Centre (CLC) of the University of the Western Cape, 2015)This guide is for anyone who needs a quick reference to the laws around arrest and detention in Malawi. This may include police, court clerks, prosecutors, magistrates, paralegals and detainees. First there is an orientation ... -
Policy and practice in South African prisons: an update
(Law, Democracy & Development, 2005)In June 2003, the Civil Society Prison Reform Initiative (CSPRI) released a policy review concerning major developments in penal policy in South Africa since the advent of constitutionalism in 1994. This paper was widely ... -
The political-administrative interface in local government - Assessing the quality of local democracy
(Community Law Centre, University of the Western Cape, 2009)Municipalities have registered a tremendous democratic and service delivery record, yet the public perception of them is troubling. Municipalities are too often identified with corruption, inefficiency and inaccessibility. ... -
The politics of sub-national constitutions and local government in Ethiopia
(Perspectives on Federalism, 2014)The federal Constitution of Ethiopia provides the regional states - the constituent unit of the federation –with the power to draft, adopt and amend their own constitutions, thereby allowing each of the regional states to ... -
Position paper on the provincialisation of personal primary health care services
(South African Local Government Association, 2009)Primary health care (PHC) was internationally accepted in 1978 as the preferred system for health care. It is defined in the Declaration of Alma Ata and includes essential care, which is appropriate, available and affordable ... -
Post-election analysis: Editorial
(Community Law Centre, University of the Western Cape, 2009)The 2009 national and provincial elections have come and gone. As expected, the results have reshaped politics. The new President has promised a marked improvement in the service delivery and performance of the public ... -
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 ... -
Poverty, women and the human right to water to grow food
(ESR Review, 2014)The global community is united in its commitment to remove the scourge of world poverty. One core factor to achieve this is access to water from which poor people, especially women, draw multiple benefits. Such benefits ... -
The powers of local government in decentralized systems of government: Managing the 'curse of common competencies'
(Institute of Foreign and Comparative Law, 2005)The issues and problems flowing from common competencies are shared by many, if not all, decentralised and federal systems; they are a feature arising from the division of powers between two levels of government. The ... -
The prevalence of HIV in South Africa's prison system: some, but not all the facts, at last
(Civil Society Prison Reform Initiative, 2008-05-26)The lack of reliable research data and more specifically, data on intervention impact evaluations, present a particular challenge in respect of evidence-based law and policy reform. In resource-constrained environments it ... -
Preventing and combating torture in South Africa: a framework for action under CAT and OPCAT
(Centre for the Study of Violence and Reconciliation & Civil Society Prison Reform Initiative, 2008)This booklet aims to provide more information to decision-makers and stakeholders on the challenges relating to preventing and combating torture; and also outlines South Africa’s obligations under CAT and OPCAT. These two ... -
Prisoner re-entry in Cape Town - an exploratory study
(Civil Society Prison Reform Initiative, 2008)This study is concerned with the immediate post-release period and asked a very simple question: “What happens to people immediately after they have been released from prison?” The question is aimed at gaining a deeper and ... -
Prisoners' access to anti-retroviral treatment
(Civil Society Prison Reform Initiative, 2006)Prisoners are susceptible to a number of illness and diseases. This may relate to the conditions of prisons themselves (e.g. poor ventilation is associated with TB), life style (e.g. poor nutrition and substance abuse), ... -
Prisoners' rights litigation in South Africa since 1994: a critical evaluation
(Law, Democracy & Development, 2005)It is a sad fact that there is often a huge gap in South Africa between the constitutional promise of a life lived with dignity and respect, on the one hand, and the actual lived reality of people who are supposed to be ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). The rate of HIV ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review : Economic and Social Rights in South Africa, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ... -
Prisons in South Africa's constitutional democracy
(Centre for the Study of Violence and Reconciliation, 2007-10)In this article it will be argued that to make prisons compatible with a constitutional democracy, as understood in South Africa, four requirements need to be met. First, the prison system must have an underlying philosophical ...
