Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 1-20 of 364
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The 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
(Pretoria University Law Press (PULP), 2013)The prominent use of international human rights law in a state’s domestic legal system depends on the hierarchical place occupied by international law in general, and international human rights law in particular, among the ... -
Accountability and the right to food: A comparative study of India and South Africa
(Food Security SA Working Paper Series, 2018)It remains a great source of concern that, as richly endowed as the world is, each day millions of people go to sleep hungry and almost 870 million people, particularly in developing countries, are chronically undernourished. ... -
Adding injury to insult: Intrusive laws on top of a weak system
(Constitutional Court Review, 2016)Local governments often encounter difficulties when state functions and powers are devolved to them. Capacity at local level often becomes the Achilles heel of devolution. This is the case in South Africa. The South African ... -
Addressing female genital cutting/mutilation (FGC/M) in The Gambia
(Routledge, 2021)The purpose of this chapter is to examine the viability of the use of criminal sanction to address FGC/M in general. It then examines the nexus between FCG/M and human rights and discusses the reasons often adduced to ... -
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, ... -
Advancing the Right to Adequate Housing of Desperately Poor People: City of Johannesburg v. Rand Properties
(Human Rights Brief, 2006)Inadequate housing, the growth and overcrowding of informal settlements, and the occupation of private land and abandoned buildings are prevalent in South Africa. The result is that many of the country’s most vulnerable — ... -
The African children’s charter @ 30: A distinction without a difference?
(Brill, 2020)I would like to start with three recent concerning developments on children’s rights in Africa that the media has highlighted. First, in Somalia the draft Sexual Offences Bill that allowed child marriage has ruffled ... -
The African Commission on Human and People's Rights and the woman question
(Springer, 2016)This paper proposes that in developing jurisprudence on women's rights, the African Commission will need to ask the woman question particularly the African woman question. The woman question requires a judicial or ... -
The African Commission on Human and Peoples’ Rights and the promotion and protection of sexual and reproductive rights
(African Human Rights Law Journal, 2011)The article examines the activities of the African Commission with regard to the advancement of sexual and reproductive health and rights in Africa. The article reviews the importance of applying human rights to sexual and ... -
African Commission reaffirms protection of socio-economic rights in the African Charter
(ESR Review : Economic and Social Rights in South Africa, 2010)In July 2010, the ruling of the African Commission on Human and Peoples' Rights (African Commission) in relation to communications 279/03 and 296/05 was made public, the decision having been adopted in May 2009. The ... -
The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique
(Community Law Centre, University of the Western Cape, 2014)On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (hereafter the ... -
The African Women's Protocol and sexual rights
(The International Journal of Human Rights, 2014-11)‘Sexual rights’ are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care ... -
Alternative sentencing in South Africa: an update
(Institute for Security Studies, 2005)With South Africa’s ever growing prison population, the hope is often expressed that non-custodial sentencing options or ‘alternative sentencing’ will relieve the overcrowding and its associated ills. The current situation ... -
ANC proposals on local government
(Community Law Centre, University of the Western Cape, 2012)In the run up to the ANC Policy Conference in Mangaung, the party's Legislature and Governance Working Group has produced a policy discussion document that pays considerable attention to provincial and local government. -
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 ... -
The appointment and dismissal of the NDPP: Instability since 1998
(Dullah Omar Institute, 2018)The position of National Director of Public Prosecutions (NDPP) has emerged since 1998 as one of the most unstable positions in government. This can to a large degree t be ascribed to how appointments and dismissals are ... -
An appraisal of international law mechanisms for litigating socio-economic rights, with a particular focus on the optional protocol to the international covenant on economic, social and cultural rights and the African Commission and Court
(Stellenbosch Law Review, 2011)Litigation of socio-economic rights at international level is a viable option where access to justice at the national level is unattainable. International law mechanisms for litigating these rights are therefore useful for ... -
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013)In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. ... -
Appropriate, just and equitable relief' in socio-economic rights litigation : the tension between corrective and distributive forms of justice
(South African Law Journal, 2008)This article makes the point that one cannot understand fully the nature of the remedies granted by the Constitutional Court in socio-economic rights litigation unless their theoretical basis as defined by the notions of ... -
Are the rights of children paramount in prison legislation?
(Juta Law, 2013)The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ...