Browsing Faculty of Law by Title
Now showing items 867-886 of 907
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Using international human rights law to promote constitutional rights: The (potential) role of the South African parliament
(Law, Democracy & Development, 2011)Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate ... -
The value of human dignity in interpreting socio-economic rights
(South African Journal on Human Rights, 2005)There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ... -
Veiled intent or advancing children’s right to education? The legality of payments for extra lessons in Zimbabwe’s education system
(University of the Western Cape, 2022)Extra lessons in Zimbabwe were initially designed by the Ministry of Primary and Secondary Education to assist learners with lagging aspects of their formal school learning areas. However, in the past few years, extra ... -
Vergoedingsboetes in strafregtelike verrigtinge - ʼn vars perspektief
(Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
Verso un mercato del lavoro di cura: questioni giuridiche e nodi istituzionali
(ADAPT University Press, 2022)Personal care has traditionally been a responsibility placed, in our country, on the family dimension, penalizing women who have always supported the burden of this work inside and outside the home. An undervalued, ... -
The viability of lifestyle audits as an emerging anticorruption tool in the public sector: Concepts, essentials and prospects
(University of Western Cape, 2020)Lifestyle audits are viable tools in the fight against corruption. Unfortunately, they have not been sufficiently developed or adopted despite their effectiveness in combatting corruption. For long, countries have deployed ... -
Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court
(Brill Academic Publishers, 2017)The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection ... -
Victim participation in the criminal justice system in the European Union through private prosecutions: Issues emerging from the jurisprudence of the European Court of Human Rights
(Brill Academic Publishers, 2016)Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen ... -
‘Voices’ of school dropouts about the use of illicit drugs on the Cape Flats, Western Cape
(Criminological and Victimological Society of Southern Africa (CRIMSA), 2017)The social concerns of communities on the Cape Flats in the Western Cape, are perpetuated by the lack of schooling and it contributes to higher unemployment figures. This article aims to provide a voice for school dropouts ... -
Warrantless search and seizures by the South African police service: Weighing up the right to privacy versus the prevention of crime
(Academy of Science of South Africa, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
Water delivery: public or private?
(Community Law Centre, University of the Western Cape, 2006)The landscape within which human rights are protected and realised has changed dramatically in the last few decades. One of the main driving forces for this change is economic globalisation and the weakening of ... -
Welfare pluralism in health: Assessing Zimbabwe’s policy response to HIV/AIDS with reference to Mbare Distrct, Harare
(International Journal of Humanities and Social Science, 2012)The article is on Welfare Pluralism and focuses on Zimbabwe’s policy responses to HIV/AIDS with reference to Mbare Disrict, Harare. Quantitative primary data was systematically collected from a sample of individuals from ... -
Well worth the wait? The Sexual Offences Bill in 2006
(Institute for Security Studies (ISS), 2006)The Sexual Offences Bill finally seems to be winding its way to conclusion in parliament. It has taken three years to reach this point since its first introduction in 2003, raising serious questions about the government's ... -
What gender legislative reforms have meant for women in South Africa
(2021)South Africa is a much better place to live in today than before 1994. Having witnessed a largely peaceful transition from a pariah apartheid State to a democratic State where equality is guaranteed before the law, the ... -
What happened to the Child Justice Bill? The process of law reform relating to child offenders
(Institute for Security Studies (ISS), 2006)Children who are accused of crimes in South Africa are governed by the same legislation as adults. The urgent need to develop a separate child justice system culminated in the release of the draft Child Justice Bill in ... -
What is the future of collective bargaining (and Labour Law) in South Africa?
(Juta Law, 2007)Introduction: Collective bargaining has a long history. The term is said to have been coined around 1890 by the British labour movement pioneer, Beatrice Webb. By then the practice of wage negotiations between trade unions ... -
What is the future of polygyny (polygamy) in Africa?
(Academy of Science of South Africa, 2017)The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the ... -
When a relationship has reached its expiration date, does the same apply to the embryos under South African Law? - research
(Nelson Mandela Metropolitan University, 2017)Individuals are more frequently having recourse to assisted reproductive technologies (ART) to realize their desire for offspring. Where they do so, they may choose to fertilize their gametes and implant the resultant ... -
When does affirmative action in favour of certain employees become unfair discrimination against others
(Sage Publications, 2001)The paper is concerned with the practical question of the circumstances under which measures which might otherwise have amounted to unfair discrimination will amount to affirmative action and will therefore be lawful. It ... -
When is a donor a daddy? Informal agreements with known sperm donors: Lessons from abroad
(Nelson Mandela University, 2021)Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in using fertility centres or owing to personal beliefs and preferences. When they do ...