Browsing Socio-Economic Rights Project (SERP) by Subject "South Africa"
Now showing items 21-40 of 45
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International human rights norms and the South African choice on termination of pregnancy act: an argument for vigilance and modernisation
(South African Journal on Human Rights, 2019-04)The right to access abortion services as an integral component of the right to sexual and reproductive health (SRH) has been increasingly recognised in the field of international human rights law. However, much more progress ... -
'Jumping the queue', waiting lists and other myths : perceptions and practice around housing demand and allocation in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2014)On 13 and 18 June 2014, the Socio-Economic Rights Project of the Community Law Centre, University of the Western Cape, held roundtable discussions in Cape Town and Johannesburg on housing demand and allocation in South Africa. -
Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
(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
(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 in South Africa: A choice between corrective and distributive justice
(Pretoria University Law Press, 2009)Christopher Mbazira's book, adapted from doctoral thesis and published by Pretoria University Law Press, is welcome addition to the growing scholarship on socio-economic rights litigation in South Africa. The book is very ... -
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 ... -
'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 ... -
National Colloquium on Access to Food for Students in South African Tertiary Institutions: Challenges of Hunger among Students in Higher Education in South Africa (13–14 August 2018)
(ESR Review : Economic and Social Rights in South Africa, 2018)Student hunger on university campuses has gained prominence ever since the #FeesMustFall movement spread across South Africa’s tertiary institutions in 2015. Although there are no definite statistics on the extent of the ... -
The New Partnership for Africa's Development : implications for the realisation of socio-economic rights in Africa
(ESR Review : Economic and Social Rights in South Africa, 2004)The New Partnership for Africa's Development : Implications for the realisation of socio-economic rights in Africa Christopher Mbazira The realisation of socio-economic rights in Africa remains a distant goal. The majority ... -
Non-implementation of court orders in socioeconomic rights litigation in South Africa Is the cancer here to stay?
(2008)Over 12 years have elapsed since the South African Constitution was adopted, and the jurisprudence on socio-economic rights has increased considerably. Yet a majority of the population remain entrapped in poverty. -
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
(ESR Review, 2014)Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review : Economic and Social Rights in South Africa, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ... -
Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions
(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
(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
(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 of access to sufficient water
(ESR Review : Economic and Social Rights in South Africa, 2007)This article analyses the report of the South African Human Rights Commission (the Commission) on the realisation of the right of access to sufficient water in South Africa presented in chapter eight of its Sixth economic ... -
The right to have access to adequate housing
(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
(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 ... -
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 ... -
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, ...