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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 ...
A path to realising economic, social and cultural rights in Africa? A critique of the New Partnership for Africa's Development
(African Human Rights Law Journal, 2004)
he article first sets out the legal framework for the protection of socio-economic and cultural rights in Africa. Some of the reasons that have been advanced for the non-realisation of socio-economic rights as compared to ...
Litigating socio-economic rights in South Africa: A choice between corrective and distributive justice
(Pretoria University Law Press, 2009)
Christopher Mbazira's book, adapted from doctoral thesis and published by Pretoria University Law Press, is welcome addition to the growing scholarship on socio-economic rights litigation in South Africa. The book is very ...
The right to health and the nature of The right to health and the nature of socio-economic rights obligations under the African Charter The Purohit case
(ESR Review : Economic and Social Rights in South Africa, 2005)
The African Charter on Human and Peoples’ Rights (the African Charter) guarantees a broad range of economic, social and cultural rights (socio-economic rights) as well as civil and political rights.
Reading the right to food into the African Charter on Human and Peoples' Rights : Africa's regional developments
(ESR Review : Economic and Social Rights in South Africa, 2004)
The African Charter on Human and Peoples’ Rights (the Charter) of 1981 is the principal regional instrument protecting human and
peoples’ rights in Africa. It incorporates a wide range of socio-economic rights, including ...
The New Partnership for Africa's Development : implications for the realisation of socio-economic rights in Africa
(ESR Review : Economic and Social Rights in South Africa, 2004)
The New Partnership for Africa's Development : Implications for the realisation of socio-economic rights in Africa Christopher Mbazira The realisation of socio-economic rights in Africa remains a distant goal. The majority ...