Browsing Faculty of Law by Author "Chenwi, Lilian"
Now showing items 21-40 of 47
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Implementing and monitoring socioeconomic rights
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)The United Nations High Commissioner for Human Rights (UNHCHR) recently released a report on the implementation and monitoring of economic, social and cultural (ESC) rights (UN doc. E/2009/90). -
Initiating constructive debate: a critical reflection on the death penalty in Africa
Chenwi, Lilian (Comparative and International Law Journal of Southern Africa, 2006)For the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on ... -
Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
Chenwi, Lilian (Stellenbosch Law Review, 2012)The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in ... -
Lilian Chenwi, 2010. South Africa: State of state reporting under international human rights law
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2010)This research paper was presented at the seminar on 'Promoting constitutional rights through international human rights law: The state of South Africa's state reporting' held in Cape Town on 22 September 2010. It outlines ... -
Litigating socio-economic rights through amicus briefs Challenges and strategies
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution of South Africa (the Constitution) is characterised by its extensive commitment to socio-economic rights. The courts are mandated to translate these rights into enforceable legal claims, primarily by ... -
'Meaningful engagement' in the realisation of socio-economic rights : the South African experience
Chenwi, Lilian (Southern African Public Law, 2011)One of the key concerns, evidenced from South Africa's socio-economic rights jurisprudence, that has impacted negatively on the realisation of socio-economic rights in the country, especially at grass roots level, has been ... -
National strategies for realising the right to food
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2008)The right to food has received increasing attention internationally and nationally following drastic increases in food prices and widespread protests against these increases in more than 40 countries this year (FIAN ... -
Non-discrimination in socio-economic rights : CESCR general comment
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)In May 2009, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) adopted General Comment 20 (UN doc. E/C.12/GC/20[2009]) on non-discrimination in economic, social and cultural (ESC) rights. -
Old age pension decision : out of sync with legal developments
Chenwi, Lilian; Heleba, Siyambonga (ESR Review : Economic and Social Rights in South Africa, 2010)On 17 March 2010, the North Gauteng High Court finally handed down judgment in the Christian Roberts case, which the Court had heard on 11 and 12 September 2007. It concerns a constitutional challenge to section 10 of the ... -
The optional protocol to the International Covenant on Economic, Social and Cultural Rights
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2008)After the fourth session of the Open-Ended Working Group (OEWG) on an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), a revised draft of the protocol was produced (UN doc ... -
Parliamentarians discuss issues around HIV and AIDS
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2010)During the XVIII International AIDS Conference held in Vienna, Austria, from 18-23 July 2010, members and staff of parliament from 47 countries met on 20 July to discuss legislative aspects of HIV relating to key affected ... -
Parliaments and the MDGs
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2010)During the Millennium Development Goals (MDGs) summit that took place in New York from 20 to 22 September 2010, the Inter-Parliamentary Union (IPU) and the United Nations (UN) Millennium Campaign organised a meeting aimed ... -
Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions
Chenwi, Lilian (Human Rights Law Review, 2008)Access to adequate housing is one of the greatest challenges facing the South African government today. The country’s housing situation is characterised by a severe housing shortage, a huge backlog in the provision of ... -
Recommendations of the United Nations Special Rapporteur on Adequate Housing following his mission to South Africa
Chenwi, Lilian (2008)The United Nations (UN) Special Rapporteur on Adequate Housing, Mr Miloon Kothari, visited South Africa from 12 to 24 April 2007, with the aim of examining the status of the realisation of the right to adequate housing in ... -
The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2011)The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The ... -
The right to have access to adequate housing
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2007)T he right of access to adequate housing is important for the enjoyment of all human rights. A house is fundamental for human dignity and for physical and mental health, which are crucial for socio-economic development. ... -
Slums Act unconstitutional : case review
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution Court handed down judgment in the Slums Act case on 14 October 2009. The case was a direct appeal against a judgment of the KwaZulu-Natal High Court, Durban, in which the latter refused to strike down the ... -
Social protection : report of the UN Independent Expert on the question of human rights and extreme poverty
Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)In August 2009, the United Nations (UN) Independent Expert on the question of human rights and extreme poverty, Magdalena Sepúlveda, presented a report to the UN General Assembly addressing the impact of the global financial ... -
Socio-economic gains and losses: The South African Constitutional Court and social change
Chenwi, Lilian (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, ... -
Some thoughts on litigating the right to food in South Africa
Serie, Timothy; Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2009)Today, over one billion people do not have access to sufficient food. This worldwide hunger crisis has led to food riots in over 30 countries. Food emergencies in the world stem from a multitude of problems, ranging from ...