Search
Now showing items 11-20 of 210
Implementing and monitoring socioeconomic rights
(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).
Housing rights of "slum" dwellers at stake : case review
(ESR Review : Economic and Social Rights in South Africa, 2009)
On 27 January 2009, the High Court (Durban and Coast Local Division) handed down judgment in the Slums Act case. The case concerned a controversial piece of legislation, the KwaZulu-Natal Elimination and Prevention of ...
South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty
(Law, Democracy & Development, 2002)
The drafters of the Constitution clearly envisaged a far-reaching role for it in the transformation of post-apartheid society.' Among the key aims of the Constitution is to "improve the quality of life of all citizens and ...
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 ...
Initiating constructive debate: a critical reflection on the death penalty in Africa
(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 ...
Slums Act unconstitutional : case review
(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 ...
The optional protocol to the International Covenant on Economic, Social and Cultural Rights
(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 ...
Some thoughts on litigating the right to food in South Africa
(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 ...
Universal access to social security rights: can a basic income grant meet the challenge?
(ESR Review, 2002)
Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ...
The courts and socio-economic rights: carving out a role
(ESR Review, 2002)
Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ...