Browsing Socio-Economic Rights Project (SERP) by Title
Now showing items 119-130 of 130
-
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 ... -
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 ... -
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 ... -
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 ... -
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance
(2013)Uiteensetting van "toenemende verwesenliking", die verband met hulpbronne, kernminimum en redelikheid, en sekere metodologiese oorwegings om nakoming te toets "Toenemende verwesenliking" is een van die beperkings waaraan ... -
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 ... -
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 WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument? Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”
(International Journal of Health Policy Management, 2018)The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the ... -
'A woman's home is her castle?' - poor women and housing inadequacy in South Africa
(South African Journal on Human Rights, 2009)Housing legislation and policies in South Africa attempt to incorporate gender concerns and ensure women's participation in housing delivery. Despite this, a number of inadequacies and gaps in the implementation of legislation ... -
‘Woman, but not Human’: Widowhood Practices and Human Rights Violations in Nigeria
(International Journal of Law, Policy and the Family, 2013-05)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria for ... -
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 ...