Browsing Socio-Economic Rights Project (SERP) by Title
Now showing items 22-41 of 130
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The constitutional protection of those facing eviction from “bad buildings”
(ESR Review, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad buildings” in the inner city of Johannesburg as well as other poor people facing ... -
Contribution of the health Ombud to accountability: The life Esidimeni tragedy in South Africa
(Health and Human Rights Journal, 2018)Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by ... -
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 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 ... -
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ... -
Developing norms and standards on maternal mortality in Africa: lessons from UN human rights bodies
(African Human Rights Yearbook, 2017)The African Charter on Human and Peoples’ Rights and the Protocol to the African Charter Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol) contain useful provisions for addressing ... -
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2006)Historically, economic, social and cultural rights (ESC rights) have received less protection through enforcement mechanisms than civil and political rights. Victims of ESC rights violations do not have the opportunity of ... -
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 ... -
Enforcement of economic, social and cultural rights in Uganda
(ESR Review : Economic and Social Rights in South Africa, 2009)Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ... -
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 ... -
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 ... -
Engaging meaningfully with government on socio-economic rights : A focus on the right to housing
(Community Law Centre, University of the Western Cape, 2010)To make sure that service delivery is effective and has a positive impact on people’s quality of life, it is important to have meaningful engagement between communities and the government. South Africa’s Constitution makes ... -
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 ... -
Eviction process in Nigeria: the need for meaningful engagement
(Commonwealth Law Bulletin, 2018)The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard ... -
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ... -
Fair Trial Rights and Their Relation to the Death Penalty in Africa
(International and Comparative Law Quarterly, 2006)A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights : international development
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
From ambivalence to certainty : norms and principles for the structural interdict in socio-economic rights litigation in South Africa
(South African Journal on Human Rights, 2008)The parsimonious approach of the Constitutional Court in using the structural interdict in socio-economic rights cases has both been critiqued and also contrasts with that of the High Courts. Moreover, the Court has neither ... -
From the global to the local: The role of international law in the enforcement of socio-economic rights in South Africa
(Community Law Centre, University of the Western Cape, 2009)This research report demonstrates that international human rights law played a quintessential role in the drafting of the Constitution of South Africa, 1996, particularly the Bill of Rights, and that this was more so with ...