Browsing Socio-Economic Rights Project (SERP) by Title
Now showing items 85-104 of 130
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The Place of the "Minimum Core Approach" in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution
(Journal of African Law, 2015)The high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, ... -
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
(ESR Review, 2014)Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ... -
Poverty, women and the human right to water to grow food
(ESR Review, 2014)The global community is united in its commitment to remove the scourge of world poverty. One core factor to achieve this is access to water from which poor people, especially women, draw multiple benefits. Such benefits ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review : Economic and Social Rights in South Africa, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ... -
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 ... -
Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions
(Human Rights Law Review, 2008)Access to adequate housing is one of the greatest challenges facing the South African government today. The country’s housing situation is characterised by a severe housing shortage, a huge backlog in the provision of ... -
Reading the right to food into the African Charter on Human and Peoples' Rights : Africa's regional developments
(ESR Review : Economic and Social Rights in South Africa, 2004)The African Charter on Human and Peoples’ Rights (the Charter) of 1981 is the principal regional instrument protecting human and peoples’ rights in Africa. It incorporates a wide range of socio-economic rights, including ... -
Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa
(Potchefstroom Electronic Law Journal, 2012)Almost thirty years into the HIV/AIDS pandemic its negative effects (including loss of health, income and a source of living) have continued to threaten lives in most parts of the world, particularly sub-Saharan Africa. ... -
Realizing access to sexual health information and services for adolescents through the Protocol to the African Charter on the Rights of Women
(Washington and Lee Journal of Civil Rights and Social Justice, 2009)One of the goals agreed to at the International Conference on Population and Development (ICPD) in Cairo 1994, was to ensure that universal access to sexual and reproductive health services is guaranteed to all, especially ... -
Recent development on health and human rights : a human rights-based approach to maternal mortality
(ESR Review : Economic and Social Rights in South Africa, 2012)During the 20th session of the UN Human Rights Council in July 2012, the UN High Commissioner for Human Rights (HCHR) released a report on technical guidance for applying a human rights-based approach to implementing ... -
Recommendations of the United Nations Special Rapporteur on Adequate Housing following his mission to South Africa
(2008)The United Nations (UN) Special Rapporteur on Adequate Housing, Mr Miloon Kothari, visited South Africa from 12 to 24 April 2007, with the aim of examining the status of the realisation of the right to adequate housing in ... -
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 ... -
Revisiting the Trips Regime: Rwanda-Canadian ARV Drug Deal Tests the WTO General Council Decision
(African Journal of International and Comparative Law, 2009)On 17 July 2007, the world was awakened to Rwanda's notification of the World Trade Organisation's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir ... -
The right of access to sufficient water
(ESR Review : Economic and Social Rights in South Africa, 2007)This article analyses the report of the South African Human Rights Commission (the Commission) on the realisation of the right of access to sufficient water in South Africa presented in chapter eight of its Sixth economic ... -
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. ... -
The right to health and the nature of The right to health and the nature of socio-economic rights obligations under the African Charter The Purohit case
(ESR Review : Economic and Social Rights in South Africa, 2005)The African Charter on Human and Peoples’ Rights (the African Charter) guarantees a broad range of economic, social and cultural rights (socio-economic rights) as well as civil and political rights. -
The Right to Primary Education of Children With Disabilities in Malawi: A Diagnosis of the Conceptual Approach and Implementation
(Pretoria University Law Press, 2013)The Convention on the Rights of Persons with Disabilities, which Malawi ratified in August 2009, affirms the recognition that disabled children are entitled to enjoy human rights such as primary education, including ... -
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 ... -
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 ... -
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 ...