Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 297-316 of 364
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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, ... -
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa (OSISA), 2016)This project seeks to confirm and quantify the socio-economic impact of pre-trial detention on detainees, their families and associated households in the main urban centres of Kenya, Mozambique and Zambia. The aim is to ... -
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Springer Verlag, 2018)The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person ... -
The Socio-Economic Impact of Pre-Trial Detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa, 2016)The project was informed by an understanding of how socio-economic rights intersect with fair trial rights. The nature of the obligations on states, as set out in instruments such as the International Covenant on Economic, ... -
Socio-economic rights and the process of privatizing basic municipal services
(Law, Democracy & Development, University of the Western Cape, 2004)The socio-economic righ ts in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose posicive obligations. Through the delivery of basic services. municipalities fu lfi l some ... -
Socio-economic rights in post-Mugabe Zimbabwe
(Dullah Omar Institute, 2018)From 1980 to 2017, Robert Mugabe ruled Zimbabwe through a regime that posed as ‘democratic’ but which for all intents and purposes was a dictatorship. The power of the government stemmed not from the will of the people ... -
Socio-Economic Rights in South Africa: A resource book
(Community Law Centre, University of the Western Cape, 2007)Socio-economic rights are those rights that give people access to certain basic needs necessary for human beings to lead a dignified life. Government and, in certain circumstances, private individuals and bodies, can be ... -
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 ... -
Solitary Confinement - A review of the legal framework and practice in five African countries
(Dullah Omar Institute, 2018)The effect of long periods of solitary confinement have been shown to have severe impacts on a prisoner’s mental and physical well-being. The UN Human Rights Committee (UNHRC) has noted that the use of prolonged solitary ... -
Some thoughts on litigating the right to food in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2009)Today, over one billion people do not have access to sufficient food. This worldwide hunger crisis has led to food riots in over 30 countries. Food emergencies in the world stem from a multitude of problems, ranging from ... -
South Africa's competing obligations in relation to international crimes - the Zimbabwe Torture Docket case
(Constitutional Court Review, 2015)The need to end impunity for international crimes is largely recognised by the international community. Accordingly, significant obligations have been imposed, by both conventional (treaty) and customary international law, ... -
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 ... -
South Africa's Heart of Darkness: Sex crimes and child offenders: some trends
(South African Crime Quarterly, 2003)It is a source of great concern that the number of sexual offences committed by children is apparently on the increase. Given that the Child Justice Bill provides for a separate criminal justice process for children, and ... -
South African Human Rights Commission, 2014 - report on the Rights of Access to Sufficient Water and Sanitation
(ESR Review : Economic and Social Rights in South Africa, 2014)On 11 March 2014, the South African Human Rights Commission (SAHRC) launched a long-awaited report, titled 'Water and Sanitation, Life and Dignity: Accountability to People who are Poor'. It highlights the constitutional ... -
South African prisoner's right to vote
(Civil Society Prison Reform Initiative, 2004)The South African Constitution states that every adult citizen has the right to vote. There has therefore been some legal controversy around the questions of whether it would be unconstitutional to limit the right of any ... -
Spatial Land-Use Planning and Management Bill
(Community Law Centre, University of the Western Cape, 2012)The Minister of Rural Development and Land Reform has introduced the Spatial Planning and Land-Use Management Bill (SPLUMB) (14 of 2012) in Parliament. The Bill, which is likely to be fast-tracked, will have very serious ... -
Special interest councillors in Zimbabwe: a review of law and practice in terms of the 2013 Constitution
(University of the Western Cape, 2013)Local governance in Zimbabwe has a chequered history. Despite high hopes for democratic local governance on the attainment of political independence in 1980, it has often defied democratic practice and is yet to bring ... -
The Special Rapporteur on prisons and conditions of detention in Africa and the committee for the prevention of torture in Africa: the potential for synergy or inertia?
(SUR - International Journal on Human Rights, 2010)Th is article examines the implications arising out of the recent decision of the African Commission on Human and People’s Rights (African Commission) to appoint the Chair of the Committee for the Prevention of Torture in ... -
The special rapporteur on the rights of women in Africa (SRRWA) 2007-2015
(IFE Centre for Psychological Studies (ICPS), 2018)The purpose of this article is to examine the progress recorded so far by this mechanism focusing on the period from 2007-2015. It focuses on the relevance and importance of the office of the SRRWA as a special mechanism ... -
The Special Rapporteur on the Rights of Women in Africa (SRRWA) 2007-2015
(Gender & Behaviour, 2018-06)The purpose of this article is to examine the progress recorded so far by this mechanism focusing on the period from 2007-2015. It focuses on the relevance and importance of the office of the SRRWA as a special mechanism ...