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Promoting minority rights in the context of economic, social and cultural rights in South Africa
(UNISA Press, 2002)
Introduction: It has been commonly thought that if
ethnic, religious and national minorities
are allowed to give expression to their
respective group attachments, then that
should be deemed sufficient protection
against ...
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 ...
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 ...
Making a first impression: An assessment of the decision of the Committee of Experts of the African Children's Charter in the Nubian Children communication
(Pretoria University Law Press (PULP), 2012)
The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the ...
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 Zimbabwe: Trends and emerging jurisprudence
(Pretoria University Law Press, 2017)
In a country such as Zimbabwe where many are deprived of opportunities
and resources owing, in part, to injustices of the past, socio-economic
rights are of the outmost importance. As a result, the new Constitution ...
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 ...
The Place of the "Minimum Core Approach" in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution
(Journal of African Law, 2015)
The high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, ...
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 ...