Dullah Omar Institute for Constitutional Law, Governance and Human Rights: Recent submissions
Now showing items 141-160 of 364
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Slums Act unconstitutional : case review
(ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution Court handed down judgment in the Slums Act case on 14 October 2009. The case was a direct appeal against a judgment of the KwaZulu-Natal High Court, Durban, in which the latter refused to strike down the ... -
Non-discrimination in socio-economic rights : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2009)In May 2009, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) adopted General Comment 20 (UN doc. E/C.12/GC/20[2009]) on non-discrimination in economic, social and cultural (ESC) rights. -
Implementing and monitoring socioeconomic rights
(ESR Review : Economic and Social Rights in South Africa, 2009)The United Nations High Commissioner for Human Rights (UNHCHR) recently released a report on the implementation and monitoring of economic, social and cultural (ESC) rights (UN doc. E/2009/90). -
Parliaments and the MDGs
(ESR Review : Economic and Social Rights in South Africa, 2010)During the Millennium Development Goals (MDGs) summit that took place in New York from 20 to 22 September 2010, the Inter-Parliamentary Union (IPU) and the United Nations (UN) Millennium Campaign organised a meeting aimed ... -
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 ... -
Government's obligation to unlawful occupiers and private landowners
(ESR Review : Economic and Social Rights in South Africa, 2010)On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ... -
Litigating socio-economic rights through amicus briefs Challenges and strategies
(ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution of South Africa (the Constitution) is characterised by its extensive commitment to socio-economic rights. The courts are mandated to translate these rights into enforceable legal claims, primarily by ... -
National strategies for realising the right to food
(ESR Review : Economic and Social Rights in South Africa, 2008)The right to food has received increasing attention internationally and nationally following drastic increases in food prices and widespread protests against these increases in more than 40 countries this year (FIAN ... -
The right to have access to adequate housing
(ESR Review : Economic and Social Rights in South Africa, 2007)T he right of access to adequate housing is important for the enjoyment of all human rights. A house is fundamental for human dignity and for physical and mental health, which are crucial for socio-economic development. ... -
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 ... -
'Meaningful engagement' in the realisation of socio-economic rights : the South African experience
(Southern African Public Law, 2011)One of the key concerns, evidenced from South Africa's socio-economic rights jurisprudence, that has impacted negatively on the realisation of socio-economic rights in the country, especially at grass roots level, has been ... -
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 ... -
African Commission reaffirms protection of socio-economic rights in the African Charter
(ESR Review : Economic and Social Rights in South Africa, 2010)In July 2010, the ruling of the African Commission on Human and Peoples' Rights (African Commission) in relation to communications 279/03 and 296/05 was made public, the decision having been adopted in May 2009. The ... -
Universal jurisdiction and South Africa's perspective on the investigation of international crimes
(South African Law Journal, 2014)Universal jurisdiction is an important yet contentious jurisdictional principle in international law, despite more than 100 states worldwide having universal jurisdiction legislation (Amnesty International Universal ... -
Parliamentarians discuss issues around HIV and AIDS
(ESR Review : Economic and Social Rights in South Africa, 2010)During the XVIII International AIDS Conference held in Vienna, Austria, from 18-23 July 2010, members and staff of parliament from 47 countries met on 20 July to discuss legislative aspects of HIV relating to key affected ... -
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, ... -
Lilian Chenwi, 2010. South Africa: State of state reporting under international human rights law
(ESR Review : Economic and Social Rights in South Africa, 2010)This research paper was presented at the seminar on 'Promoting constitutional rights through international human rights law: The state of South Africa's state reporting' held in Cape Town on 22 September 2010. It outlines ... -
The optional protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2008)After the fourth session of the Open-Ended Working Group (OEWG) on an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), a revised draft of the protocol was produced (UN doc ... -
Conference “Seeking security: Towards a new vision for tenure relations in farming areas”
(ESR Review : Economic and Social Rights in South Africa, 2005)Nkuzi Development Association (NDA) in partnership with Social Surveys Africa (SSA) organised a conference on the tenure security of farm dwellers, which was held in Johannesburg from 25–27 October 2005. -
Recommendations of the United Nations Special Rapporteur on Adequate Housing following his mission to South Africa
(2008)The United Nations (UN) Special Rapporteur on Adequate Housing, Mr Miloon Kothari, visited South Africa from 12 to 24 April 2007, with the aim of examining the status of the realisation of the right to adequate housing in ...