Faculty of Law: Recent submissions
Now showing items 421-440 of 909
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The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2011)The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The ... -
Social Citizenship: A Precondition for Meaningful Democracy
(Agenda: Empowering Women for Gender Equity, 1999)In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were ... -
Breaking new ground : the need for a protocol to the African Charter on the abolition of the death penalty in Africa
(African Human Rights Law Journal, 2005)The 1980s saw the drafting and adoption of international treaties on the abolition of the death penalty. In the European and Inter-American human rights systems, steps have been taken to abolish the death penalty by means ... -
Engaging the paradoxes of the universal and particular in human rights adjudication: The possibilities and pitfalls of ‘meaningful engagement’
(African Human Rights Law Journal, 2012)This article examines the disjunctures between the universal aspiration of human rights norms and the complexity of their interpretation and application in diverse and pluralistic contexts. It examines the extent to which ... -
Taking those with special housing needs from the doldrums of neglect : a call for a comprehensive and coherent policy on special needs housing
(Law, Democracy & Development, 2007)A growing awareness of the differentiation of need within the broad categorisation of the poor has led to an evolving focus on special needs or vulnerable groups, such as the elderly and the disabled. There is, therefore, ... -
South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty
(Law, Democracy & Development, 2002)The drafters of the Constitution clearly envisaged a far-reaching role for it in the transformation of post-apartheid society.' Among the key aims of the Constitution is to "improve the quality of life of all citizens and ... -
Enforcing housing rights
(ESR Review : Economic and Social Rights in South Africa, 2009)On 27 March 2009, the Supreme Court of Appeal (SCA) overturned a High Court judgment ordering the Ekurhuleni Metropolitan Municipality (the municipality) to buy land which had been unlawfully occupied by about 76 families ... -
Needs, rights and transformation: adjudicating social rights
(Stellenbosch Law Review, 2006)One of the most contested issues in South Africa’s burgeoning jurisprudence on social rights relates to how the courts should enforce the duties imposed by these rights. Debate has focused in particular on the extent to ... -
Correcting the historical asymmetry between rights : the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(African Human Rights Law Journal, 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 ... -
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 ... -
Promoting cooperation between the UN and African human rights systems
(ESR Review : Economic and Social Rights in South Africa, 2012)During the NGO Forum preceding the 52nd Ordinary Session of the African Commission on Human and Peoples Rights, held in Yamoussoro, Cote d'Ivoire, in October 2012, the Community Law Centre (CLC), University of the Western ... -
Non-implementation of court orders in socioeconomic rights litigation in South Africa Is the cancer here to stay?
(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. -
Regional Symposium on Harmonisation of Laws on Children in Eastern and Southern Africa, 9-10 May 2007
(African Human Rights Law Journal, 2007)From 9 to 10 May 2007, the African Child Policy Forum (AFCPF), supported by UNICEF, Eastern and Southern Africa Office (UNICEF-ESARO), organised a Regional Symposium on Harmonisation of Laws on Children in Eastern and ... -
Enforcing the economic, social and cultural rights in the African Charter on Human and Peoples' Rights : twenty years of redundancy, progression and significant strides
(African Human Rights Law Journal, 2006)The fight against poverty and underdevelopment in Africa is amongst others dependent on how successfully the socio-economic rights protected in both the regional and universal instruments are concretised. The last 20 years ... -
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(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 role of transboundary dialogue : a response to Stephen Ellmann
(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 ... -
Bolstering the protection of economic, social and cultural rights under the Malawian Constitution
(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 ... -
Grootboom: A paradigm of individual remedies versus reasonable programmes
(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 ... -
Judicial remedies and socio-economic rights : a response to Christopher Mbazira
(ESR Review : Economic and Social Rights in South Africa, 2008)Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in cases concerning socio-economic rights. This response seeks to engage critically with Mbazira's claims by raising certain ... -
Litigating socio-economic rights in South Africa: A choice between corrective and distributive justice
(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 ...