Dullah Omar Institute for Constitutional Law, Governance and Human Rights: Recent submissions
Now showing items 201-220 of 364
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The impact of routine HIV testing on HIV-related stigma and discrimination in Africa
(International Journal of Discrimination and the Law, 2011)This paper discusses different methods of human immunodeficiency virus (HIV) testing, particularly routine and voluntary HIV testing methods, which have been adopted in response to the HIV epidemic in Africa. It then ... -
Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa
(Potchefstroom Electronic Law Journal, 2012)Almost thirty years into the HIV/AIDS pandemic its negative effects (including loss of health, income and a source of living) have continued to threaten lives in most parts of the world, particularly sub-Saharan Africa. ... -
Substantive equality and maternal mortality in Nigeria
(Journal of Legal Pluralism and Unofficial Law, 2012)When women’s lives are cut short or incapacitated as a result of pregnancy or childbirth, the tragedy cascades. Children lose a parent. Spouses lose a partner. And societies lose productive contributors ... And as long as ... -
When poverty is not a sin: an assessment of the Human Rights Council's guiding principles on poverty and human rights
(African Journal of International and Comparative Law, 2014)There is nothing new about poverty. What is new, however, is that we have the resources to get rid of it ... In the final analysis, the rich must not ignore the poor because both rich and poor are tied in a single garment ... -
The ILO Social Protection Floors Recommendation 202, and poverty reduction
(Development in Practice, 2015)This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant ... -
The Ebola Virus and Human Rights Concerns in Africa
(African Journal of Reproductive Health, 2015)In the wake of the Ebola virus disease (EVD) that is ravaging parts of Africa certain measures are being taken by governments to prevent the spread of the epidemic within their borders. Some of these measures are drastic ... -
Impact of the Boko Haram Insurgency on the Child's Right to Education in Nigeria
(Potchefstroom Electronic Law Journal, 2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
Jumping the Queue', Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa
(Community Law Centre, University of the Western Cape, and Socio-Economic Rights Institute of South Africa, 2013)Since 1994 the South African government, through its National Housing Subsidy Scheme (NHSS), has embarked on the large-scale provision of state-subsidised housing to low-income households across the country. Over 2 million ... -
udicial oversight required for sales in execution of residential property : legislative and policy reform
(ESR Review : Economic and Social Rights in South Africa, 2011)The Gundwana case was a challenge to the constitutionality of the High Court Rules and practice, which allowed a High Court registrar to grant default judgment, without judicial oversight, declaring immovable property ... -
Case review - fundamental constitutional value of accountability requires municipal officials to obey court orders : feature
(ESR Review : Economic and Social Rights in South Africa, 2015)This is a summary of a recent Supreme Court of Appeal (SCA) decision that elaborated on the fundamental Constitutional value of accountability of public officials. -
UN Security Council Resolution 2122 (2013) - women, rule of law and transitional justice
(ESR Review : Economic and Social Rights in South Africa, 2014)The UN Security Council passed Resolution 2122 (2013) that aims to strengthen women's role in all stages of conflict prevention and post-conflict reconstruction. The resolution seeks to amplify women's voices at the peace ... -
ILO convention No. 189 concerning decent work for domestic workers, 2011
(ESR Review : Economic and Social Rights in South Africa, 2012)n acknowledgment of the value of domestic workers in South Africa, 26 July 2012 was marked as the National Domestic Workers' Day. Domestic workers the world over are some of the most important members of society, who work ... -
Jabulani Zulu and 389 Others v eThekwini Municipality and Others CCT 108/13
(ESR Review : Economic and Social Rights in South Africa, 2014)On 6 June 2014, the Constitutional Court handed down judgment in the case of Jabulani Zulu and 389 Others v eThekwini Municipality and Others. -
Reaffirming the social security rights of children in South Africa with particular reference to the child support grant
(ESR Review : Economic and Social Rights in South Africa, 2010)While South Africa has one of the most progressive constitutions in the world, the realisation of socio-economic rights remains a mirage for the majority of its population. Widespread poverty and unemployment present ... -
South African Human Rights Commission, 2014 - report on the Rights of Access to Sufficient Water and Sanitation
(ESR Review : Economic and Social Rights in South Africa, 2014)On 11 March 2014, the South African Human Rights Commission (SAHRC) launched a long-awaited report, titled 'Water and Sanitation, Life and Dignity: Accountability to People who are Poor'. It highlights the constitutional ... -
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 ... -
The implications of corruption for the enjoyment of the right to health in Africa
(ESR Review : Economic and Social Rights in South Africa, 2012)Corruption remains one of the biggest obstacles to development in many African countries. While there is no universally agreed definition of corruption, attempts have been made by scholars to explain what may constitute ... -
Recent development on health and human rights : a human rights-based approach to maternal mortality
(ESR Review : Economic and Social Rights in South Africa, 2012)During the 20th session of the UN Human Rights Council in July 2012, the UN High Commissioner for Human Rights (HCHR) released a report on technical guidance for applying a human rights-based approach to implementing ... -
Enforcing socio-economic rights as individual rights: The role of corrective and distributive forms of justice in determining “appropriate relief”
(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 ... -
You are the ''weakest link'' in realising socio-economic rights: Goodbye - Strategies for effective implemention of court orders in South Africa
(Community Law Centre, University of the Western Cape, 2008)The justiciable place of socio-economic rights in the South African Constitution is being undermined by non-compliance with court orders issued in court processes involving the enforcement of these rights. This has, in ...