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Litigating socio-economic rights through amicus briefs Challenges and strategies
(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 ...
Conference “Seeking security: Towards a new vision for tenure relations in farming areas”
(ESR Review : Economic and Social Rights in South Africa, 2005)
Nkuzi Development Association (NDA) in partnership with Social Surveys Africa (SSA) organised a conference on the tenure security of farm dwellers, which was held in Johannesburg from 25–27 October 2005.
Universal jurisdiction and South Africa's perspective on the investigation of international crimes
(South African Law Journal, 2014)
Universal jurisdiction is an important yet contentious jurisdictional principle in international law, despite more than 100 states worldwide having universal jurisdiction legislation (Amnesty International Universal ...
Non-discrimination in socio-economic rights : CESCR general comment
(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.
'Meaningful engagement' in the realisation of socio-economic rights : the South African experience
(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 ...
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights : international development
(ESR Review : Economic and Social Rights in South Africa, 2007)
In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ...
Celebrating ten years of translating socio-economic rights into reality : The Socio-Economic Rights Project of the Community Law Centre
(ESR Review : Economic and Social Rights in South Africa, 2007)
South Africa’s democracy has all the building blocks in place to facilitate democratic development and the realisation of socio-economic rights. The 1996 Constitution provides a strong institutional framework within which ...
Recommendations of the United Nations Special Rapporteur on Adequate Housing following his mission to South Africa
(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 ...
South Africa's competing obligations in relation to international crimes - the Zimbabwe Torture Docket case
(Constitutional Court Review, 2015)
The need to end impunity for international crimes is largely recognised by the international community. Accordingly, significant obligations have been imposed, by both conventional (treaty) and customary international law, ...
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)
The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ...