Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Author "Chenwi, Lilian"
Now showing items 1-20 of 46
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Advancing the Right to Adequate Housing of Desperately Poor People: City of Johannesburg v. Rand Properties
Chenwi, Lilian (Human Rights Brief, 2006)Inadequate housing, the growth and overcrowding of informal settlements, and the occupation of private land and abandoned buildings are prevalent in South Africa. The result is that many of the country’s most vulnerable — ... -
African Commission reaffirms protection of socio-economic rights in the African Charter
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2010)In July 2010, the ruling of the African Commission on Human and Peoples' Rights (African Commission) in relation to communications 279/03 and 296/05 was made public, the decision having been adopted in May 2009. The ... -
An appraisal of international law mechanisms for litigating socio-economic rights, with a particular focus on the optional protocol to the international covenant on economic, social and cultural rights and the African Commission and Court
Chenwi, Lilian (Stellenbosch Law Review, 2011)Litigation of socio-economic rights at international level is a viable option where access to justice at the national level is unattainable. International law mechanisms for litigating these rights are therefore useful for ... -
Breaking new ground : the need for a protocol to the African Charter on the abolition of the death penalty in Africa
Chenwi, Lilian (African Human Rights Law Journal, 2005)The 1980s saw the drafting and adoption of international treaties on the abolition of the death penalty. In the European and Inter-American human rights systems, steps have been taken to abolish the death penalty by means ... -
Celebrating ten years of translating socio-economic rights into reality : The Socio-Economic Rights Project of the Community Law Centre
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2007)South Africa’s democracy has all the building blocks in place to facilitate democratic development and the realisation of socio-economic rights. The 1996 Constitution provides a strong institutional framework within which ... -
Conference “Seeking security: Towards a new vision for tenure relations in farming areas”
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2005)Nkuzi Development Association (NDA) in partnership with Social Surveys Africa (SSA) organised a conference on the tenure security of farm dwellers, which was held in Johannesburg from 25–27 October 2005. -
The Constitutional Protection of Those Facing Eviction from “Bad Buildings”
Chenwi, Lilian; Liebenberg, Sandra (ESR Review : Economic and Social Rights in South Africa, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad-buildings” in the inner city of Johannesburg as well as other poor people facing ... -
Correcting the historical asymmetry between rights : the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Chenwi, Lilian (African Human Rights Law Journal, 2009)On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ... -
Delineating the content of the right to social security : CESCR general comment
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2008)The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ... -
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Chenwi, Lilian; Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2006)Historically, economic, social and cultural rights (ESC rights) have received less protection through enforcement mechanisms than civil and political rights. Victims of ESC rights violations do not have the opportunity of ... -
Enforcing housing rights
Chenwi, Lilian (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 ... -
Engaging meaningfully with government on socio-economic rights : A focus on the right to housing
Chenwi, Lilian; Tissington, Kate (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 ... -
Fair Trial Rights and Their Relation to the Death Penalty in Africa
Chenwi, Lilian (International and Comparative Law Quarterly, 2006)A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights : international development
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
Giving effect to the right to adequate housing : the need for a coherent (national) policy on special needs housing : legislationtion and policy review
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2006)According to the Centre for Housing Rights and Evictions (2006), the right to housing is one of the most widely violated human rights. Over a billion people worldwide have inadequate housing -
Government's obligation to unlawful occupiers and private landowners
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2010)On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ... -
Housing rights of "slum" dwellers at stake : case review
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)On 27 January 2009, the High Court (Durban and Coast Local Division) handed down judgment in the Slums Act case. The case concerned a controversial piece of legislation, the KwaZulu-Natal Elimination and Prevention of ... -
Implementation of Housing Rights in South Africa: Approaches and strategies
Chenwi, Lilian (Journal of Law and Social Policy, 2015)Ensuring access to adequate housing, especially for the poor and disadvantaged in society, including those faced with evictions and displacement, continues to be a global challenge. The situation remains critical in South ... -
Implementing and monitoring socioeconomic rights
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)The United Nations High Commissioner for Human Rights (UNHCHR) recently released a report on the implementation and monitoring of economic, social and cultural (ESC) rights (UN doc. E/2009/90).