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Towards the adoption of the international complaints mechanism for enforcing socio-economic rights under the ICESCR
(2008)
Over the years, there has been increasing support for an international complaints mechanism for socio-economic rights.
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 ...
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. ...
Enforcement of economic, social and cultural rights in Uganda
(ESR Review : Economic and Social Rights in South Africa, 2009)
Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ...
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 ...