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Now showing items 41-47 of 47
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2006)
Historically, economic, social and cultural rights (ESC rights) have received less protection through enforcement mechanisms than civil and political rights. Victims of ESC rights violations do not have the opportunity of ...
Old age pension decision : out of sync with legal developments
(ESR Review : Economic and Social Rights in South Africa, 2010)
On 17 March 2010, the North Gauteng High Court finally handed down judgment in the Christian Roberts case, which the Court had heard on 11 and 12 September 2007. It concerns a constitutional challenge to section 10 of the ...
Correcting the historical asymmetry between rights: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(Pretoria University Law Press (PULP), 2009)
On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ...
Fair Trial Rights and Their Relation to the Death Penalty in Africa
(International and Comparative Law Quarterly, 2006)
A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, ...
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 — ...
Engaging meaningfully with government on socio-economic rights : A focus on the right to housing
(Community Law Centre, University of the Western Cape, 2010)
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 ...
'A woman's home is her castle?' - poor women and housing inadequacy in South Africa
(South African Journal on Human Rights, 2009)
Housing legislation and policies in South Africa attempt to incorporate gender concerns and ensure women's participation in housing delivery. Despite this, a number of inadequacies and gaps in the implementation of legislation ...