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Now showing items 41-50 of 127
South Africa's competing obligations in relation to international crimes - the Zimbabwe Torture Docket case
(Constitutional Court Review, 2015)
The need to end impunity for international crimes is largely recognised by the international community. Accordingly, significant obligations have been imposed, by both conventional (treaty) and customary international law, ...
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 ...
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)
The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ...
Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
(Stellenbosch Law Review, 2012)
The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in ...
The Juvenile Justice Law Reform Process in South Africa: Can children's rights approach carry the day?
(Quarterly Law Review, 1999)
The impetus for juvenile justice law reform sprang originally from concern for the plight of child detainees in the dark days of apartheid in
the 1980s. Children, who were at the forefront of the struggle for democratic ...
Corruption in the prison context
(Civil Society Prison Reform Initiative, 2006)
The point of departure of this paper is that, in general, corruption is a human rights issue, which is accentuated in the prison context given the nature of imprisonment. Three factors create an intrinsic risk for corruption ...
Prisoners' rights litigation in South Africa since 1994: a critical evaluation
(Law, Democracy & Development, 2005)
It is a sad fact that there is often a huge gap in South Africa between the constitutional promise of a life lived with dignity and respect, on the one hand, and the actual lived reality of people who are supposed to be ...
Surveying the prisons landscape - what the numbers tell us
(Law, Democracy & Development, 2005)
This article will make observations and describe trends using available prison statistics in order to offer a quantitative perspective on the issues of democracy and human rights in South African prisons. In chis sense, ...
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 ...
Offender rehabilitation and reintegration: taking the White Paper on Corrections forward
(Civil Society Prison Reform Initiative, 2005)
Rehabilitation and reintegration, as contemplated on the scale articulated in the White Paper, will indeed require a very careful approach and consideration would have to be given to the major challenges, such as resource ...