Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Issue Date
Now showing items 41-60 of 364
-
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 ... -
Policy and practice in South African prisons: an update
(Law, Democracy & Development, 2005)In June 2003, the Civil Society Prison Reform Initiative (CSPRI) released a policy review concerning major developments in penal policy in South Africa since the advent of constitutionalism in 1994. This paper was widely ... -
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. -
Prisoners’ right of access to antiretroviral treatment
(ESR Review, 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). The rate of HIV ... -
Initiating constructive debate: a critical reflection on the death penalty in Africa
(Comparative and International Law Journal of Southern Africa, 2006)For the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on ... -
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 ... -
Career patterns of local politicians: The case of metropolitan mayors
(Community Law Centre, University of the Western Cape, 2006)Local government is emerging as a strong third sphere of government. Within local government, metropolitan cities are coming out as powerful institutions. Meanwhile, the discussion on the role of provincial governments is ... -
Corruption in the prison context
(Civil Society Prison Reform Initiative, 2006)The point of departure of this paper is that, in general, corruption is a human rights issue, which is accentuated in the prison context given the nature of imprisonment. Three factors create an intrinsic risk for corruption ... -
Challenges to effective prison governance in South Africa
(Law, Democracy & Development, 2006)In an attempt to broaden the debate on prison reform in South Africa, this article reports on the findings of the investigation into the status of governance in selected prisons around the country. The study. which set out ... -
Water delivery: public or private?
(Community Law Centre, University of the Western Cape, 2006)The landscape within which human rights are protected and realised has changed dramatically in the last few decades. One of the main driving forces for this change is economic globalisation and the weakening of ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Dullah Omar Institute, 2006)This paper focuses on the role of the council of a municipality towards ensuring accountable governance. First, it discusses the Code of Conduct for councillors, which is the key instrument at the hands of the municipal ... -
Enforcing the economic, social and cultural rights in the African Charter on Human and Peoples' Rights : twenty years of redundancy, progression and significant strides
(African Human Rights Law Journal, 2006)The fight against poverty and underdevelopment in Africa is amongst others dependent on how successfully the socio-economic rights protected in both the regional and universal instruments are concretised. The last 20 years ... -
Status quo report on intergovernmental relations regarding local government
(Community Law Centre, University of the Western Cape, 2006)Local government in South Africa is a unique experiment in intergovernmental relations. Guided by the constitutional principle of co-operative government, the provinces, and district and local municipalities must work ... -
Prisoners' access to anti-retroviral treatment
(Civil Society Prison Reform Initiative, 2006)Prisoners are susceptible to a number of illness and diseases. This may relate to the conditions of prisons themselves (e.g. poor ventilation is associated with TB), life style (e.g. poor nutrition and substance abuse), ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Community Law Centre, University of the Western Cape, 2006)A perceived lack of responsiveness on the part of councillors towards their citizens as well as perceived, alleged and proven cases of corruption and maladministration involving councillors all contribute to the perception ... -
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 ... -
Giving effect to the right to adequate housing : the need for a coherent (national) policy on special needs housing : legislationtion and policy review
(ESR Review : Economic and Social Rights in South Africa, 2006)According to the Centre for Housing Rights and Evictions (2006), the right to housing is one of the most widely violated human rights. Over a billion people worldwide have inadequate housing -
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 ... -
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, ... -
Advancing the Right to Adequate Housing of Desperately Poor People: City of Johannesburg v. Rand Properties
(Human Rights Brief, 2006)Inadequate housing, the growth and overcrowding of informal settlements, and the occupation of private land and abandoned buildings are prevalent in South Africa. The result is that many of the country’s most vulnerable — ...