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The optional protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2008)
After the fourth session of the Open-Ended Working Group (OEWG) on an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), a revised draft of the protocol was produced (UN doc ...
Towards the adoption of the international complaints mechanism for enforcing socio-economic rights under the ICESCR
(2008)
Over the years, there has been increasing support for an international complaints mechanism for socio-economic rights.
From ambivalence to certainty : norms and principles for the structural interdict in socio-economic rights litigation in South Africa
(South African Journal on Human Rights, 2008)
The parsimonious approach of the Constitutional Court in using the structural interdict in socio-economic rights cases has both been critiqued and also contrasts with that of the High Courts. Moreover, the Court has neither ...
Appropriate, just and equitable relief' in socio-economic rights litigation : the tension between corrective and distributive forms of justice
(South African Law Journal, 2008)
This article makes the point that one cannot understand fully the nature of the remedies granted by the Constitutional Court in socio-economic rights litigation unless their theoretical basis as defined by the notions of ...
Delineating the content of the right to social security : CESCR general comment
(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 ...
Judicial remedies and socio-economic rights : a response to Christopher Mbazira
(ESR Review : Economic and Social Rights in South Africa, 2008)
Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in cases concerning socio-economic rights. This response seeks to engage critically with Mbazira's claims by raising certain ...
You are the ''weakest link'' in realising socio-economic rights: Goodbye - Strategies for effective implemention of court orders in South Africa
(Community Law Centre, University of the Western Cape, 2008)
The justiciable place of socio-economic rights in the South African Constitution is being undermined by non-compliance with court orders issued in court processes involving the enforcement of these rights. This has, in ...
Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions
(Human Rights Law Review, 2008)
Access to adequate housing is one of the greatest challenges facing the South African government today. The country’s housing situation is
characterised by a severe housing shortage, a huge backlog in the provision of ...