Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 256-275 of 364
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Race, gender and socio-economic status in law enforcement in South Africa – are there worrying signs?
(Community Law Centre, University of the Western Cape, 2013)In the South African context the right to equality has particular significance given the country’s history of statutory unfair racial discrimination. This paper investigates, based on quantitative data, how different ... -
Reaching A Verdict: The impact of minimum sentencing
(South African Crime Quarterly, 2007)The so-called ‘temporary’ minimum sentencing legislation introduced into South African law in 1998 is still in place. The legislation was passed largely in response to high crime rates at the time and the perceived leniency ... -
Reading the right to food into the African Charter on Human and Peoples' Rights : Africa's regional developments
(ESR Review : Economic and Social Rights in South Africa, 2004)The African Charter on Human and Peoples’ Rights (the Charter) of 1981 is the principal regional instrument protecting human and peoples’ rights in Africa. It incorporates a wide range of socio-economic rights, including ... -
Reaffirming the social security rights of children in South Africa with particular reference to the child support grant
(ESR Review : Economic and Social Rights in South Africa, 2010)While South Africa has one of the most progressive constitutions in the world, the realisation of socio-economic rights remains a mirage for the majority of its population. Widespread poverty and unemployment present ... -
Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa
(Potchefstroom Electronic Law Journal, 2012)Almost thirty years into the HIV/AIDS pandemic its negative effects (including loss of health, income and a source of living) have continued to threaten lives in most parts of the world, particularly sub-Saharan Africa. ... -
Realizing access to sexual health information and services for adolescents through the Protocol to the African Charter on the Rights of Women
(Washington and Lee Journal of Civil Rights and Social Justice, 2009)One of the goals agreed to at the International Conference on Population and Development (ICPD) in Cairo 1994, was to ensure that universal access to sexual and reproductive health services is guaranteed to all, especially ... -
Recent development on health and human rights : a human rights-based approach to maternal mortality
(ESR Review : Economic and Social Rights in South Africa, 2012)During the 20th session of the UN Human Rights Council in July 2012, the UN High Commissioner for Human Rights (HCHR) released a report on technical guidance for applying a human rights-based approach to implementing ... -
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 ... -
Reducing prison violence: implications from the literature for South Africa
(Civil Society Prison Reform Initiative, 2009)In the past 15 years the Department of Correctional Services (DCS) has faced numerous challenges whilst trying to re‐invent itself. This has not been an easy road and in many regards the route to penetrative transformation ... -
Regional spatial development framework vs municipal zoning scheme - which trumps the other?
(Local Government Bulletin, 2012-04)For a considerable time, many municipalities, or their officials, have considered themselves bound by the provisions of the spatial development framework (SDF) or the regional spatial development framework (RSDF) or ... -
Regional Symposium on Harmonisation of Laws on Children in Eastern and Southern Africa, 9-10 May 2007
(African Human Rights Law Journal, 2007)From 9 to 10 May 2007, the African Child Policy Forum (AFCPF), supported by UNICEF, Eastern and Southern Africa Office (UNICEF-ESARO), organised a Regional Symposium on Harmonisation of Laws on Children in Eastern and ... -
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 ... -
Report on the evaluation of the Independent prison visitors (IPV) system
(Civil Society Prison Reform Initiative, 2004-05)This report on the IPV system forms part of a larger study into civilian oversight of the correctional system. Saras Jagwanth has completed an evaluation of the Office of the Inspecting Judge, which should be read in ... -
Research report on remand detention in South Africa: an overview of the current law and proposals for reform
(Civil Society Prison Reform Initiative, 2011)The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international ... -
A Review of the Judicial Inspectorate of Prisons of South
(Law, Democracy & Development, 2005)Independent prison inspectorates and the oversight of prisons by laymen are designed to contribute to improving prison conditions and protecting the human rights of prisoners. The South African model, the Judicial Inspectorate ... -
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 ... -
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 of prisoners to vote in Africa: An update
(Africa Criminal Justice Reform, 2019)Broadly speaking, universal suffrage refers to the rights conferred on adult citizens of a country to vote, however, there are always restrictions to a greater or lesser degree on who can vote in every democratic political ... -
The right to a fair trial and being hearing impaired
(Dullah Omar Institute, 2018)The Cape High Court recently (27 August 2018) overturned on appeal the conviction and sentence of a 62-year old man convicted in the Wynberg Regional Court of murder because the trial court failed to protect his right to ... -
A right to a fair trial in Uganda’s Judicature (Visual Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Taylor and Francis, 2020)The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial ...