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Now showing items 11-20 of 29
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, ...
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 ...
Constitutionalising socio-economic rights in SADC: An impact assessment on judicial enforcement in South Africa, Zimbabwe, Botswana, Lesotho and Zambia
(Nelson R Mandela School of Law, 2020)
This paper assesses the manner in
which socio-economic rights have been
incorporated into the constitutions of
selected countries in the Southern African
Development Community. This debate
is particularly important ...
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 ...
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 ...
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 ...