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At the crossroads: linking strategic frameworks to address gender-based violence and HIV/ AIDS in Southern Africa

Combrinck, Helene; Wakefield, Lorenzo (Community Law Centre, University of the Western Cape, 2007)

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Abstract:

In recent years, southern African governments have made a number of important commitments on international and regional levels to combat HIV/ AIDS. The subregion has also seen a number of strategic developments such as the drafting and implementation of the SADC HIV/AIDS Policy Framework for 2003-2007 and the appointment by the UN Secretary-General of a Task Force on Women, Girls and HIV/AIDS in Southern Africa.It is now generally accepted that the intersections between gender-based violence and HIV/AIDS are among the most significant of the gendered dimensions of this pandemic. It is noteworthy that the UN Special Rapporteur on Violence Against Women devoted her 2005 thematic report to these intersections. She observed that while some progress is being made separately on ending violence against women and on stemming the spread of HIV/AIDS, national and international efforts would be vastly more effective if they addressed the interconnectness between the two pandemics.

URI:

http://hdl.handle.net/10566/536

Files in this item: 1

CombrinckGender-Based Violence2007.pdf (284.7Kb)

Child poverty and children’s rights of access to food and basic nutrition in South Africa : A contextual, jurisprudential and policy analysis

Chirwa, Danwood Mzikenge (Community Law Centre, University of the Western Cape, 2009)

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Abstract:

The rights to food and basic nutrition have been implemented rather unsystematically in South Africa through a hodgepodge of policies and indirectly by legislation. In view of the dearth of jurisprudence, this paper sought to tease out the meaning of children’s right of access to food as well as their right to basic nutrition, to analyse the significance of, and correlation between, these two rights, and to consider their implications for South African law and policy.

URI:

http://hdl.handle.net/10566/203

Files in this item: 1

ChirwaChildPoverty2009.pdf (585.1Kb)

Engaging meaningfully with government on socio-economic rights : A focus on the right to housing

Chenwi, Lilian; Tissington, Kate (Community Law Centre, University of the Western Cape, 2010)

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Abstract:

To make sure that service delivery is effective and has a positive impact on people’s quality of life, it is important to have meaningful engagement between communities and the government. South Africa’s Constitution makes provision for individuals and communities to take part in service delivery processes and decisions. This right is important in the fight against poverty, inequality and marginalisation. Some people do not know that their right to participate is protected in the Constitution, in South African legislation and in international law. They also do not know the key principles about meaningful engagement set out by the courts, especially the Constitutional Court. This booklet focuses mainly on the right to housing when it explains the objectives, subject and process of meaningful engagement.

URI:

http://hdl.handle.net/10566/228

Files in this item: 1

ChenwiCommunityParticipation.pdf (190.6Kb)

Ex-prisoners' views on imprisonment and re-entry

Muntingh, Lukas (Community Law Centre, University of the Western Cape, 2009)

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Abstract:

In the past 15 years much research has been conducted on the prison system in South Africa focusing on governance, law reform and human rights. It is, however, of particular concern that the voices of prisoners and ex-prisoners had not been heard in the current discourse. This marginalisation of prisoners’ views is in all likelihood symptomatic of their marginalisation in broader society. This research project gathered information from ex-prisoners about their experiences during and after imprisonment.

URI:

http://hdl.handle.net/10566/231

Files in this item: 1

MuntinghExprisonersViews2009.pdf (309.7Kb)

From the global to the local: The role of international law in the enforcement of socio-economic rights in South Africa

Kapindu, Redson (Community Law Centre, University of the Western Cape, 2009)

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Abstract:

This research report demonstrates that international human rights law played a quintessential role in the drafting of the Constitution of South Africa, 1996, particularly the Bill of Rights, and that this was more so with regard to socio-economic rights where the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR) highly influenced the guarantees of these rights under the Constitution, both in terms of language and content. The role of international human rights law has been even more pronounced in the South African socio-economic rights jurisprudence that has developed since 1994. Courts have referred to and applied international human rights law norms directly. This paper argues, however, that there are some areas where courts have fallen short in their appreciation and/or application of international human rights law.

URI:

http://hdl.handle.net/10566/232

Files in this item: 1

KapinduSocio-EconomicRightsEnforcement2009.pdf (1.251Mb)

A guide to the rights of inmates as described in the Correctional Services Act and regulations

Muntingh, Lukas (Community Law Centre, University of the Western Cape, 2010)

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Abstract:

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 Act (25 of 2008). The purpose of this guide is to describe the human rights framework pertaining to inmates in South Africa based on the Constitution, Correctional Services Act and the Regulations accompanying the legislation. Large parts of this Act deal,for instance, with the operations and management of the Department of Correctional Service and do not have a direct bearing on the rights of inmates.

URI:

http://hdl.handle.net/10566/227

Files in this item: 1

MuntinghCPA2010.pdf (949.5Kb)

Local government reform in Zimbabwe: A policy dialogue

de Visser, Jaap; Steytler, Nico; Machingauta, Naison (Community Law Centre, University Western Cape, 2010)

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Abstract:

On 3-4 November 2009 the Community Law Centre hosted a seminar entitled “Policy Dialogue on the Future of Local Government in Zimbabwe”. A diverse spectrum of local government practitioners was assembled to discuss issues related to local government in Zimbabwe. The seminar was structured around six critical themes relating to local government, namely socio-economic transformation, local government institutions and elections, local government financing, traditional authorities, local government functions and supervision of local government. Six authors from Zimbabwe prepared and delivered position papers on the above subject matters against the background of comparative comments from South African academics.

URI:

http://hdl.handle.net/10566/208

Files in this item: 1

DeVisserLocalGovtZimbabwe2010.pdf (2.142Mb)

A Societal Responsibility : The role of civil society organisations in prisoner support, rehabilitation and reintegration

Muntingh, Lukas (Institute for Security Studies and the Community Law Centre, University of the Western Cape, 2008)

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Abstract:

Civil society organisations play a key role in assisting prisoners and ex-prisoners to reintegrate into society and may at present render the bulk of such services. It is especially in respect of post-release support services that non-governmental organisations play a critical role as the Department of Correctional Services does not have a strong focus on this aspect of reintegration work. The type of services and activities that civil society organisations engage in has not been documented on a national level. There is thus a need to describe the types of prisoner support and offender reintegration programmes rendered by civil society organisations in South Africa based on up-to-date fieldwork. A survey was conducted of 21 organisations working in the off ender reintegration and prisoner support field. This paper presents an analysis of the results which are based on the views of practitioners working in these organisations.

URI:

http://hdl.handle.net/10566/237

Files in this item: 1

MuntinghCivilSocietyRole2008.pdf (4.643Mb)

Socio-Economic Rights in South Africa: A resource book

Khoza, Sibonile (Community Law Centre, University of the Western Cape, 2007)

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Abstract:

Socio-economic rights are those rights that give people access to certain basic needs necessary for human beings to lead a dignified life. Government and, in certain circumstances, private individuals and bodies, can be held accountable if they do not respect, protect, promote and fulfil these rights Socio-economic rights are especially relevant for vulnerable and disadvantaged groups in society. They are important tools for these groups, who are often most affected by poverty and who experience a number of barriers that block their access to resources, opportunities and services in society. Our Constitution (Act 108 of 1996) provides a number ways for claiming and defending basic needs, such as our socio-economic rights to housing, health care, food and water, which is what this book focuses on.

URI:

http://hdl.handle.net/10566/254

Files in this item: 1

KhozaSocio-EconomicRights2007.pdf (4.543Mb)

Training for police on the Domestic Violence Act

Combrinck, Helene; Wakefield, Lorenzo (Community Law Centre, University of the Western Cape, 2009)

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Abstract:

The inadequate or inappropriate police responses to domestic violence often result from a lack of knowledge of the Domestic Violence Act (DVA) and the National Instruction or from a misinterpretation of the DVA’s provisions. In the interviews undertaken, the central question asked was: ‘Do current training programmes provide SAPS members with the knowledge and skills required to apply the DVA and National Instruction in practice?’ It appeared from the interviews that the majority of the research participants had a basic awareness of the DVA and the National Instruction. However, when it came to the practical application of knowledge in a ‘problem-solving’ scenario, it was notable that the majority of interviewees experienced difficulties when multi-faceted variables were included. It was recommended that more members need training on the DVA, and more frequent and/or more in-depth courses should be offered. Furthermore it was recommended that special attention be devoted to training on domestic violence during the basic six months’ training for new students.

URI:

http://hdl.handle.net/10566/209

Files in this item: 1

CombrinckDVA2009.pdf (1.059Mb)

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