Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 264-283 of 364
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Reducing prison violence: implications from the literature for South Africa
(Civil Society Prison Reform Initiative, 2009)In the past 15 years the Department of Correctional Services (DCS) has faced numerous challenges whilst trying to re‐invent itself. This has not been an easy road and in many regards the route to penetrative transformation ... -
Regional spatial development framework vs municipal zoning scheme - which trumps the other?
(Local Government Bulletin, 2012-04)For a considerable time, many municipalities, or their officials, have considered themselves bound by the provisions of the spatial development framework (SDF) or the regional spatial development framework (RSDF) or ... -
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 ... -
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 ... -
Report on the evaluation of the Independent prison visitors (IPV) system
(Civil Society Prison Reform Initiative, 2004-05)This report on the IPV system forms part of a larger study into civilian oversight of the correctional system. Saras Jagwanth has completed an evaluation of the Office of the Inspecting Judge, which should be read in ... -
Research report on remand detention in South Africa: an overview of the current law and proposals for reform
(Civil Society Prison Reform Initiative, 2011)The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international ... -
A Review of the Judicial Inspectorate of Prisons of South
(Law, Democracy & Development, 2005)Independent prison inspectorates and the oversight of prisons by laymen are designed to contribute to improving prison conditions and protecting the human rights of prisoners. The South African model, the Judicial Inspectorate ... -
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 of prisoners to vote in Africa: An update
(Africa Criminal Justice Reform, 2019)Broadly speaking, universal suffrage refers to the rights conferred on adult citizens of a country to vote, however, there are always restrictions to a greater or lesser degree on who can vote in every democratic political ... -
The right to a fair trial and being hearing impaired
(Dullah Omar Institute, 2018)The Cape High Court recently (27 August 2018) overturned on appeal the conviction and sentence of a 62-year old man convicted in the Wynberg Regional Court of murder because the trial court failed to protect his right to ... -
A right to a fair trial in Uganda’s Judicature (Visual Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Taylor and Francis, 2020)The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial ... -
A right to a fair trial in Uganda’s Judicature (Visual-Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Routledge, 2020)The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial ... -
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 ... -
Riot damage - who pays?
(Local Government Bulletin, 2011-11)Protest actions has become part of South Africa's political landscape. The extent to which it is increasingly marked by violence is cause of alarm. Assemblies, pickets, marches and demonstrations are essential features of ... -
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 ... -
Roles and responsibilities of the municipal manager
(Community Law Centre, University of the Western Cape, 2001)renaming and transformation of local government structures. Coping with the new designation is probably the least important of the changes for the municipal manager. One of the key challenges in this respect is defining ... -
Rules and orders: The building blocks of good governance
(Community Law Centre, University of the Western Cape, 2008)How does a municipality make its decision-making procedures clear and legally sound? How does it ensure that every councillor can participate meaningfully in council meetings? How does it keep council and committee meetings ...