Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 344-363 of 364
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Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ... -
Understanding Oscar’s sentence: Sentencing under Section 276(1)(i) of the Criminal Procedure Act
(Dullah Omar Institute, 2015)The recent announcement of the imminent, and subsequently suspended, release on correctional supervision of Oscar Pistorius has attracted significant media attention. For many his possible release is confusing as he was ... -
Unfunded mandates: Directing subnational governments
(Deutsche Förschungsinstitut fur Öffentlichen Verwaltung, 2012)Unfounded mandates are an extreme manifestation of the phenomenon of governing from the centre; the federal government through various strategies imposes national mandates on state and local governments at the expense of ... -
Universal access to social security rights: can a basic income grant meet the challenge?
(ESR Review, 2002)Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ... -
Universal jurisdiction and South Africa's perspective on the investigation of international crimes
(South African Law Journal, 2014)Universal jurisdiction is an important yet contentious jurisdictional principle in international law, despite more than 100 states worldwide having universal jurisdiction legislation (Amnesty International Universal ... -
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance
(2013)Uiteensetting van "toenemende verwesenliking", die verband met hulpbronne, kernminimum en redelikheid, en sekere metodologiese oorwegings om nakoming te toets "Toenemende verwesenliking" is een van die beperkings waaraan ... -
The unresolved ethnic question in Uganda’s district councils
(Law, Democracy & Development, 2015)This article examines the legal and constitutional framework for the election of district councils in Uganda because the design and practice of elections in Uganda has an impact on Uganda’s ability to follow through on the ... -
Using international human rights law to promote constitutional rights: The (potential) role of the South African parliament
(Law, Democracy & Development, 2011)Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate ... -
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 ... -
Water delivery: public or private?
(Community Law Centre, University of the Western Cape, 2006)The landscape within which human rights are protected and realised has changed dramatically in the last few decades. One of the main driving forces for this change is economic globalisation and the weakening of ... -
Welfare pluralism in health: Assessing Zimbabwe’s policy response to HIV/AIDS with reference to Mbare Distrct, Harare
(International Journal of Humanities and Social Science, 2012)The article is on Welfare Pluralism and focuses on Zimbabwe’s policy responses to HIV/AIDS with reference to Mbare Disrict, Harare. Quantitative primary data was systematically collected from a sample of individuals from ... -
When poverty is not a sin: an assessment of the Human Rights Council's guiding principles on poverty and human rights
(African Journal of International and Comparative Law, 2014)There is nothing new about poverty. What is new, however, is that we have the resources to get rid of it ... In the final analysis, the rich must not ignore the poor because both rich and poor are tied in a single garment ... -
Who can appoint commissions of enquiry: conducting a 'section 106 investigation'
(Community Law Centre, University of the Western Cape, 2008)If the member of a province's executive council (MEC) responsible for local government suspects maladministration, fraud, corruption or any other serious malpractice in a municipality, that MEC must designate a person or ... -
The WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument? Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”
(International Journal of Health Policy Management, 2018)The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the ... -
The withholding of rates and taxes in five local municipalities
(Community Law Centre, University of the Western Cape, 2010)The Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. ... -
Wolf in sheep's clothing?
(Community Law Centre, University of the Western Cape, 2009)Section 156(1) of the Constitution is the basis for the status of local government in the Constitution. It provides that municipalities have authority over the matters listed in Schedules 4B and 5B of the Constitution. ... -
'A woman's home is her castle?' - poor women and housing inadequacy in South Africa
(South African Journal on Human Rights, 2009)Housing legislation and policies in South Africa attempt to incorporate gender concerns and ensure women's participation in housing delivery. Despite this, a number of inadequacies and gaps in the implementation of legislation ... -
‘Woman, but not human’: widowhood practices and human rights violations in Nigeria
(Oxford University Press, 2013)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria ... -
‘Woman, but not Human’: Widowhood Practices and Human Rights Violations in Nigeria
(International Journal of Law, Policy and the Family, 2013-05)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria for ... -
Women in detention in Africa: A review of the literature
(Routledge, 2016)Women in prison in Africa experience compounded discrimination due to gender and poverty. Structural inequality results in women being poorly educated, having reduced access to economic resources and legal processes. Women ...