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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 ...
The application of socio-economic rights to private law
(Journal of South African Law, 2008)
The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ...
Giving money to children: the state's constitutional obligations to provide child support grants to child headed households
(South African Journal on Human Rights, 2004)
One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of
households headed by children. These new family configurations pose a wide range of ...
Muddying the waters: the Supreme Court of Appeal’s judgment in the Mazibuko case
(ESR Review, 2009)
On 25 March 2009, the Supreme Court of Appeal handed down judgment in the Mazibuko case. The case was an appeal against the judgment of the Johannesburg High Court (now the South Gauteng High Court) of 30 April 2008, ...
The constitutional protection of those facing eviction from “bad buildings”
(ESR Review, 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 ...
Basic rights claims How responsive is ‘reasonableness review’?
(ESR Review, 2004)
South Africa’s 1996 Constitution (the Constitution) is widely renowned for its holistic, inclusive Bill of Rights. A particular innovation is its inclusion of a wide range of fully justiciable socio-economic rights. There ...
The interrelationship between equality and socio-economic rights under South Africa's transformative constitution
(South African Journal on Human Rights, 2007)
This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and ...
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
(ESR Review, 2014)
Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
(ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ...
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 ...
The courts and socio-economic rights: carving out a role
(ESR Review, 2002)
Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ...