Dullah Omar Institute for Constitutional Law, Governance and Human Rights: Recent submissions
Now showing items 41-60 of 364
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The prevalence of HIV in South Africa's prison system: some, but not all the facts, at last
(Civil Society Prison Reform Initiative, 2008-05-26)The lack of reliable research data and more specifically, data on intervention impact evaluations, present a particular challenge in respect of evidence-based law and policy reform. In resource-constrained environments it ... -
Prisoners' access to anti-retroviral treatment
(Civil Society Prison Reform Initiative, 2006)Prisoners are susceptible to a number of illness and diseases. This may relate to the conditions of prisons themselves (e.g. poor ventilation is associated with TB), life style (e.g. poor nutrition and substance abuse), ... -
A Review of the Judicial Inspectorate of Prisons of South
(Law, Democracy & Development, 2005)Independent prison inspectorates and the oversight of prisons by laymen are designed to contribute to improving prison conditions and protecting the human rights of prisoners. The South African model, the Judicial Inspectorate ... -
Survey of detention visiting mechanisms in Africa
(Community Law Centre, University of the Western Cape, 2013)Mechanisms of detention oversight may refer to any number of activities or approaches which would result in the institution of detention being held accountable to the overseeing body. Such actions may include public ... -
Understanding Oscar’s sentence: Sentencing under Section 276(1)(i) of the Criminal Procedure Act
(Dullah Omar Institute, 2015)The recent announcement of the imminent, and subsequently suspended, release on correctional supervision of Oscar Pistorius has attracted significant media attention. For many his possible release is confusing as he was ... -
The changing face of life imprisonment in South Africa
(Civil Society Prison Reform Initiative, 2008)This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life ... -
NICRO diversion options
(National Institute for Crime Prevention and the Rehabilitation of Offenders, 2000)Since 1994 South Africa has faced many challenges but none so widely experienced as crime. The day-to-day perceptions of living in South Africa are characterised by crime, violence and uncertainty. The criminal justice ... -
Race, gender and socio-economic status in law enforcement in South Africa – are there worrying signs?
(Community Law Centre, University of the Western Cape, 2013)In the South African context the right to equality has particular significance given the country’s history of statutory unfair racial discrimination. This paper investigates, based on quantitative data, how different ... -
The Criminalization of Torture in South Africa
(2016)This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ... -
Women in detention in Africa: A review of the literature
(Routledge, 2016)Women in prison in Africa experience compounded discrimination due to gender and poverty. Structural inequality results in women being poorly educated, having reduced access to economic resources and legal processes. Women ... -
Preventing and combating torture in South Africa: a framework for action under CAT and OPCAT
(Centre for the Study of Violence and Reconciliation & Civil Society Prison Reform Initiative, 2008)This booklet aims to provide more information to decision-makers and stakeholders on the challenges relating to preventing and combating torture; and also outlines South Africa’s obligations under CAT and OPCAT. These two ... -
The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique
(Community Law Centre, University of the Western Cape, 2014)On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (hereafter the ... -
Unconscionable and irrational: SAPS human resource allocation
(South African Crime Quarterly, 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ... -
Constructing pre-trial detention indicators for African contexts: Problems and proposals
(Dullah Omar Institute, 2015)This discussion paper arose from the conundrum faced by a paralegal organisation working in an African country in demonstrating both that pre-trial detention is a problem in that country, and that their work has an impact ... -
Punished for being Poor: Evidence and Arguments for the Decriminalisation and Declassification of Petty Offences
(Dullah Omar Institute, 2015)The Ouagadougou Declaration and Plan of Action on Accelerating Prison and Penal Reform in Africa of 20031 endorsed recommendations calling for reducing the size of prison populations in Africa. The Plan of Action recommended ... -
Pocket Guide to Arrest and Detention in Malawi, Lilongwe
(Paralegal Advisory Services Institute (PASI), Catholic Commission for Justice and Peace (CCJP), Centre for Human Rights and Rehabilitation (CHRR), the Centre for Human Rights Education, Advice and Assistance (CHREAA), and the Community Law Centre (CLC) of the University of the Western Cape, 2015)This guide is for anyone who needs a quick reference to the laws around arrest and detention in Malawi. This may include police, court clerks, prosecutors, magistrates, paralegals and detainees. First there is an orientation ... -
The right to a fair trial and being hearing impaired
(Dullah Omar Institute, 2018)The Cape High Court recently (27 August 2018) overturned on appeal the conviction and sentence of a 62-year old man convicted in the Wynberg Regional Court of murder because the trial court failed to protect his right to ... -
Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study
(Potchefstroom Electronic Law Journal, 2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ... -
Ten years after the Jali Commission: Assessing the state of South Africa’s prisons
(South African Crime Quarterly, 2016)Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when ... -
The Socio-Economic Impact of Pre-Trial Detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa, 2016)The project was informed by an understanding of how socio-economic rights intersect with fair trial rights. The nature of the obligations on states, as set out in instruments such as the International Covenant on Economic, ...
