Socio-Economic Rights

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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)

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

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KapinduSocio-EconomicRightsEnforcement2009.pdf (1.251Mb)

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)

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)

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