Browsing Faculty of Law by Title
Now showing items 336-355 of 902
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Grootboom: A paradigm of individual remedies versus reasonable programmes
(Southern African Public Law, 2011)The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world ... -
A guardian of universal interest or increasingly out of its depth? The International Seabed Authority turns 25
(Brill Academic Publishers, 2020)In contemporary debates on the authority of global institutions, there is an important yet often overlooked organisational curiosity: namely, the International Seabed Authority (‘ISA’). The ISA reflects a highpoint in ... -
A guide to the rights of inmates as described in the Correctional Services Act and regulations
(Community Law Centre, University of the Western Cape, 2010)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 ... -
Guide to the UN Convention against torture in South Africa
(Civil Society Prison Reform Initiative, 2008)This publication is a guide to the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) for the South African context. The guide is furthermore aimed at civil society organisations ... -
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ... -
High heels in the workplace – a health hazard or a symbol of femininity? Observations on appearance regulation in Mofokeng v CCMA & Others
(Juta & Company, Ltd, 2022)For over thirty years the ILJ has remained the premier South African labour law reporter. This seminal monthly journal covers judgments and awards handed down by the Labour Court, Labour Appeals Court, the CCMA, Bargaining ... -
Horizontality and housing rights protection against private evictions from a European and South African perspective
(Brill Academic Publishers, 2022)In the recent decision of fjm v. the United Kingdom, the ECtHR made a decision on the required protection against private evictions that threatens to water-down the protection of housing rights offered by the echr. This ... -
Housing rights of "slum" dwellers at stake : case review
(ESR Review : Economic and Social Rights in South Africa, 2009)On 27 January 2009, the High Court (Durban and Coast Local Division) handed down judgment in the Slums Act case. The case concerned a controversial piece of legislation, the KwaZulu-Natal Elimination and Prevention of ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (adhan or azan) in South Africa
(MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (Adhan or Azan) in South Africa
(MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
(The Human Rights and Peace Center (HURIPEC), 2011)Article 22(1) of 1995 Constitution of Uganda protects the right to life and provides that it can only be taken away in the ‘execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect ... -
Human rights and access to healthcare services for indigenous peoples in Africa
(Taylor & Francis, 2017)In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the ... -
Human rights and governance - implications of the water crisis in the City of Cape Town
(ESR Review : Economic and Social Rights in South Africa, 2018)The Dullah Omar Institute (DOI) at the University of the Western Cape, in conjunction with the Konrad- Adenauer-Stiftung (KAS), hosted a roundtable discussion on the human rights and governance implications of the water ... -
Human rights and the transformation of property. By Stuart Wilson
(Juta, 2021)A book devoted to the transformation of law, in this case property law, which is published in South Africa is cause for celebration. Such a work devoted to South African law is rarer than the proverbial dentures of a hen. ... -
The Human Rights Council’s Resolution on Maternal Mortality: Better late than never
(African Human Rights Law Journal, 2010)The article examines data in relation to maternal mortality and the causes of death during pregnancy and childbirth. It analyses the United Nations Human Rights Council’s Resolution on Maternal Mortality and its importance ... -
Human rights implications of mandatory premarital HIV testing in Nigeria
(International Journal of Law, Policy and the Family, 2010-04)This article considers the implications of public health policy on the enjoyment of individuals’ fundamental rights. It specifically examines the appropriateness of mandatory premarital human immunodeficiency virus (HIV) ... -
The human rights implications of virginity testing in South Africa
(SAGE Publications, 2016)This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major ... -
Human rights in Islam
(Juta Law, 1998)Introduction: Conflicts between human rights and religion do exist. Is this true of Islam? The answer is not as simple as 'yes' or 'no'. Although an examination of human rights in an Islamic context will reveal its theocentric ... -
A human rights response to cervical cancer in Africa
(International Journal of Human Rights, 2011-03)This article examines the prevalence and impacts of human papilomavirus (HPV) transmission among women in Africa. It then examines the relevance of a rights-based approach to health-related challenges such as cervical ... -
An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments
(Juta Law, 2008)During its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee ...