Browsing Socio-Economic Rights Project (SERP) by Issue Date
Now showing items 41-60 of 130
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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. -
Judicial remedies and socio-economic rights : a response to Christopher Mbazira
(ESR Review : Economic and Social Rights in South Africa, 2008)Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in cases concerning socio-economic rights. This response seeks to engage critically with Mbazira's claims by raising certain ... -
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ... -
The Constitutional Protection of Those Facing Eviction from “Bad Buildings”
(ESR Review : Economic and Social Rights in South Africa, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad-buildings” in the inner city of Johannesburg as well as other poor people facing ... -
Addressing Human Rights concerns raised by mandatory HIV testing of pregnant women through the Protocol to the African Charter on the Rights of Women
(Journal of African Law, 2008)This article considers the importance of preventing mother to child transmission of HIV in Africa. It argues, however, that any approach to achieving this aim must be consistent with respect for human rights. In particular, ... -
The constitutional protection of those facing eviction from “bad buildings”
(ESR Review, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad buildings” in the inner city of Johannesburg as well as other poor people facing ... -
You are the ''weakest link'' in realising socio-economic rights: Goodbye - Strategies for effective implemention of court orders in South Africa
(Community Law Centre, University of the Western Cape, 2008)The justiciable place of socio-economic rights in the South African Constitution is being undermined by non-compliance with court orders issued in court processes involving the enforcement of these rights. This has, in ... -
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 ... -
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 application of socio-economic rights to private law
(Journal of South African Law, 2008)The constitution is explicitly committed to redressing and transforming socio-economic exclusion and marginalisation. This is manifest, amongst other constitutional provisions, in the entrenchment of a comprehensive range ... -
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 ... -
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 ... -
Correcting the historical asymmetry between rights : the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(African Human Rights Law Journal, 2009)On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ... -
Enforcing housing rights
(ESR Review : Economic and Social Rights in South Africa, 2009)On 27 March 2009, the Supreme Court of Appeal (SCA) overturned a High Court judgment ordering the Ekurhuleni Metropolitan Municipality (the municipality) to buy land which had been unlawfully occupied by about 76 families ... -
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 ... -
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. -
Social protection : report of the UN Independent Expert on the question of human rights and extreme poverty
(ESR Review : Economic and Social Rights in South Africa, 2009)In August 2009, the United Nations (UN) Independent Expert on the question of human rights and extreme poverty, Magdalena Sepúlveda, presented a report to the UN General Assembly addressing the impact of the global financial ... -
Revisiting the Trips Regime: Rwanda-Canadian ARV Drug Deal Tests the WTO General Council Decision
(African Journal of International and Comparative Law, 2009)On 17 July 2007, the world was awakened to Rwanda's notification of the World Trade Organisation's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir ...