Browsing Socio-Economic Rights Project (SERP) by Author "Mbazira, Christopher"
Now showing items 1-19 of 19
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Appropriate, just and equitable relief' in socio-economic rights litigation : the tension between corrective and distributive forms of justice
Mbazira, Christopher (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 ... -
Bolstering the protection of economic, social and cultural rights under the Malawian Constitution
Mbazira, Christopher (Malawi Law Journal, 2007)The Malawian Constitution protects a handful of socio-economic rights in the Bill of Rights and enshrines the rest as part of directive principles of national policy. The only socio-economic rights expressly protected in ... -
Civic space and human rights advocacy in the extractive industry in Uganda: Implications of the 2016 Non-Governmental Organisations Act for oil and gas civil society organisations
Mbazira, Christopher; Namatovu, Teddy (African Human Rights Law Journal, 2018)The discovery of oil and gas in Uganda has been identified as having the potential to transform Uganda’s economy, moving Uganda away from a predominantly low-income to a competitive upper-middle-income country by 2040. ... -
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
Mbazira, Christopher (SA Publiekreg = SA Public Law, 2008)The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ... -
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Chenwi, Lilian; Mbazira, Christopher (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 ... -
Enforcement of economic, social and cultural rights in Uganda
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2009)Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ... -
Enforcing socio-economic rights as individual rights: The role of corrective and distributive forms of justice in determining “appropriate relief”
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2008)Different notions of justice influence the remedies that courts grant in socio-economic rights litigation. The two theories of justice discussed here derive from the philosophies of corrective and distributive forms of ... -
From ambivalence to certainty : norms and principles for the structural interdict in socio-economic rights litigation in South Africa
Mbazira, Christopher (South African Journal on Human Rights, 2008)The parsimonious approach of the Constitutional Court in using the structural interdict in socio-economic rights cases has both been critiqued and also contrasts with that of the High Courts. Moreover, the Court has neither ... -
Grootboom: A paradigm of individual remedies versus reasonable programmes
Mbazira, Christopher (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 ... -
Litigating socio-economic rights in South Africa: A choice between corrective and distributive justice
Mbazira, Christopher (Pretoria University Law Press, 2009)Christopher Mbazira's book, adapted from doctoral thesis and published by Pretoria University Law Press, is welcome addition to the growing scholarship on socio-economic rights litigation in South Africa. The book is very ... -
The New Partnership for Africa's Development : implications for the realisation of socio-economic rights in Africa
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2004)The New Partnership for Africa's Development : Implications for the realisation of socio-economic rights in Africa Christopher Mbazira The realisation of socio-economic rights in Africa remains a distant goal. The majority ... -
Non-implementation of court orders in socioeconomic rights litigation in South Africa Is the cancer here to stay?
Mbazira, Christopher (2008)Over 12 years have elapsed since the South African Constitution was adopted, and the jurisprudence on socio-economic rights has increased considerably. Yet a majority of the population remain entrapped in poverty. -
An overview of the Constitutional Court hearing of the inner-city evictions case
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2007)On 28 August 2007, the Constitutional Court heard an appeal against the decision of the Supreme Court of Appeal (SCA) in the Rand Properties case. This case concerns the eviction of poor people from dilapidated buildings ... -
A path to realising economic, social and cultural rights in Africa? A critique of the New Partnership for Africa's Development
Mbazira, Christopher (African Human Rights Law Journal, 2004)he article first sets out the legal framework for the protection of socio-economic and cultural rights in Africa. Some of the reasons that have been advanced for the non-realisation of socio-economic rights as compared to ... -
Prisoners’ right of access to antiretroviral treatment
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ... -
Reading the right to food into the African Charter on Human and Peoples' Rights : Africa's regional developments
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2004)The African Charter on Human and Peoples’ Rights (the Charter) of 1981 is the principal regional instrument protecting human and peoples’ rights in Africa. It incorporates a wide range of socio-economic rights, including ... -
The right of access to sufficient water
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2007)This article analyses the report of the South African Human Rights Commission (the Commission) on the realisation of the right of access to sufficient water in South Africa presented in chapter eight of its Sixth economic ... -
The right to health and the nature of The right to health and the nature of socio-economic rights obligations under the African Charter The Purohit case
Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2005)The African Charter on Human and Peoples’ Rights (the African Charter) guarantees a broad range of economic, social and cultural rights (socio-economic rights) as well as civil and political rights. -
The role of transboundary dialogue : a response to Stephen Ellmann
Mbazira, Christopher (Constitutional Court Review, 2009)The novelty of Ellmann's paper derives primarily from the fact that it moves beyond the separation of powers and counter-majoritarian based critiques and analyses that have dominated academic discourse about South African ...