Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 120-139 of 364
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A gendered analysis of Section 48(2)(d) of the Zimbabwean Constitution of 2013
(Oxford University Press, 2017)The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death ... -
Giving effect to the right to adequate housing : the need for a coherent (national) policy on special needs housing : legislationtion and policy review
(ESR Review : Economic and Social Rights in South Africa, 2006)According to the Centre for Housing Rights and Evictions (2006), the right to housing is one of the most widely violated human rights. Over a billion people worldwide have inadequate housing -
Giving money to children: the state's constitutional obligations to provide child support grants to child headed households
(South African Journal on Human Rights, 2004)One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of ... -
Government's obligation to unlawful occupiers and private landowners
(ESR Review : Economic and Social Rights in South Africa, 2010)On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ... -
Grootboom: A paradigm of individual remedies versus reasonable programmes
(Southern African Public Law, 2011)The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world ... -
A guide to the rights of inmates as described in the Correctional Services Act and regulations
(Community Law Centre, University of the Western Cape, 2010)The Correctional Services Act (111 of 1998) was promulgated in 2004 creating a rights-based framework for South Africa’s prison system. In 2008 the Correctional Services Act was amended by the Correctional Services Amendment ... -
Guide to the UN Convention against torture in South Africa
(Civil Society Prison Reform Initiative, 2008)This publication is a guide to the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) for the South African context. The guide is furthermore aimed at civil society organisations ... -
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ... -
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 ... -
Human rights and access to healthcare services for indigenous peoples in Africa
(Taylor & Francis, 2017)In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the ... -
Human rights and governance - implications of the water crisis in the City of Cape Town
(ESR Review : Economic and Social Rights in South Africa, 2018)The Dullah Omar Institute (DOI) at the University of the Western Cape, in conjunction with the Konrad- Adenauer-Stiftung (KAS), hosted a roundtable discussion on the human rights and governance implications of the water ... -
The Human Rights Council’s Resolution on Maternal Mortality: Better late than never
(African Human Rights Law Journal, 2010)The article examines data in relation to maternal mortality and the causes of death during pregnancy and childbirth. It analyses the United Nations Human Rights Council’s Resolution on Maternal Mortality and its importance ... -
Human rights implications of mandatory premarital HIV testing in Nigeria
(International Journal of Law, Policy and the Family, 2010-04)This article considers the implications of public health policy on the enjoyment of individuals’ fundamental rights. It specifically examines the appropriateness of mandatory premarital human immunodeficiency virus (HIV) ... -
The human rights implications of virginity testing in South Africa
(SAGE Publications, 2016)This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major ... -
A human rights response to cervical cancer in Africa
(International Journal of Human Rights, 2011-03)This article examines the prevalence and impacts of human papilomavirus (HPV) transmission among women in Africa. It then examines the relevance of a rights-based approach to health-related challenges such as cervical ... -
ILO convention No. 189 concerning decent work for domestic workers, 2011
(ESR Review : Economic and Social Rights in South Africa, 2012)n acknowledgment of the value of domestic workers in South Africa, 26 July 2012 was marked as the National Domestic Workers' Day. Domestic workers the world over are some of the most important members of society, who work ... -
The ILO Social Protection Floors Recommendation 202, and poverty reduction
(Development in Practice, 2015)This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant ... -
The impact of routine HIV testing on HIV-related stigma and discrimination in Africa
(International Journal of Discrimination and the Law, 2011)This paper discusses different methods of human immunodeficiency virus (HIV) testing, particularly routine and voluntary HIV testing methods, which have been adopted in response to the HIV epidemic in Africa. It then ... -
Impact of the Boko Haram Insurgency on the Child's Right to Education in Nigeria
(Potchefstroom Electronic Law Journal, 2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
The impact of the global financial crisis on decentralized government in South Africa
(L'europe En Formation, 2010)Th e global fi nancial crisis has had a severe impact on South Africa.1 Th e economy went into recession in 2008/09 for the fi rst time in 17 years. Nearly a million jobs were lost in 2009 alone. Growth has resumed, but ...