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Now showing items 11-20 of 24
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(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 ...
Prisoners’ right of access to antiretroviral treatment
(ESR Review : Economic and Social Rights in South Africa, 2006)
Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ...
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 ...
Civic space and human rights advocacy in the extractive industry in Uganda: Implications of the 2016 Non-Governmental Organisations Act for oil and gas civil society organisations
(African Human Rights Law Journal, 2018)
The discovery of oil and gas in Uganda has been identified as having the potential to transform Uganda’s economy, moving Uganda away from a predominantly low-income to a competitive upper-middle-income country by 2040. ...
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 ...
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)
The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ...
The role of transboundary dialogue : a response to Stephen Ellmann
(Constitutional Court Review, 2009)
The novelty of Ellmann's paper derives primarily from the fact that it moves beyond the separation of powers and counter-majoritarian based critiques and analyses that have dominated academic discourse about South African ...
Bolstering the protection of economic, social and cultural rights under the Malawian Constitution
(Malawi Law Journal, 2007)
The Malawian Constitution protects a handful of socio-economic rights in the Bill of Rights and enshrines the rest as part of directive principles of national policy. The only socio-economic rights expressly protected in ...
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 ...