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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 ...
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 ...
Some thoughts on litigating the right to food in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2009)
Today, over one billion people do not have access to sufficient food. This worldwide hunger crisis has led to food riots in over 30 countries. Food emergencies in the world stem from a multitude of problems, ranging from ...
Universal access to social security rights: can a basic income grant meet the challenge?
(ESR Review, 2002)
Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ...
The courts and socio-economic rights: carving out a role
(ESR Review, 2002)
Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ...
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. ...
Towards the adoption of the international complaints mechanism for enforcing socio-economic rights under the ICESCR
(2008)
Over the years, there has been increasing support for an international complaints mechanism for socio-economic rights.
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 ...