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Now showing items 11-20 of 21
Socio-economic gains and losses: The South African Constitutional Court and social change
(Social Change, 2011)
The inclusion of socio-economic rights in South Africa’s transformative Constitution, it was felt, would make the Constitution relevant to the majority of South Africans, in particular the previously oppressed. Accordingly, ...
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 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 ...
Enforcing socio-economic rights as individual rights: The role of corrective and distributive forms of justice in determining “appropriate relief”
(ESR Review : Economic and Social Rights in South Africa, 2008)
Different notions of justice influence the remedies that courts grant in socio-economic rights litigation. The two theories of justice discussed here derive from the philosophies of corrective and distributive forms of ...
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 ...
From the global to the local: The role of international law in the enforcement of socio-economic rights in South Africa
(Community Law Centre, University of the Western Cape, 2009)
This research report demonstrates that international human rights law played a quintessential role in the drafting of the Constitution of South Africa, 1996, particularly the Bill of Rights, and that this was more so with ...
Engaging meaningfully with government on socio-economic rights : A focus on the right to housing
(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 ...
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013)
In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. ...
Socio-Economic Rights in South Africa: A resource book
(Community Law Centre, University of the Western Cape, 2007)
Socio-economic rights are those rights that give people access to certain basic needs necessary for human beings to lead a dignified life. Government and, in certain circumstances, private individuals and bodies, can be ...
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 ...