Browsing Faculty of Law by Title
Now showing items 694-713 of 909
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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 health in respect of terminally ill persons in South Africa
(2014)It is probably true that „death is the great equalizer‟ amongst human beings and that some of its „cousins: illness, dementia, physical debility, and advance age‟2 can ensure a journey marked by severe pain and suffering ... -
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 right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights
(Scielo South Africa, 2021)At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African ... -
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(Academy of Science of South Africa, 2016)Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ... -
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 rise of corruption in Ethiopia: Is a lack of constitutionalism to blame?
(Oxford, 2020)In 2001, a political division arose within the Tigray People Liberation Front (TPLF)1 , arguably the core the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), the ruling party and a coalition of four ethnic-based ... -
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ... -
The role of misinvoicing in the money laundering cycle
(University of Western Cape, 2019)Traditionally, the emphasis of trade-based money laundering policy development has been directed towards financial transactions where the origin of capital is illegal, neglecting private sector companies utilising trade ... -
The role of national human rights institutions in enhancing the impact of children's rights in Africa
(Pretoria University Law Press, 2020)This chapter contextualises the role played by National Human Rights Institutions (NHRIs) and their functional equivalents (such as ombudsmen) in the reporting process on children’s rights. As Ineke Boerifijn notes, NHRIs ... -
The role of questioning in writing tutorials: a critical approach to student-centered learning in peer tutorials in higher education
(Taylor & Francis, 2018)Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature ... -
The role of sub-regional courts in the African human rights system
(Conectas Human Rights, 2010-12)The development of sub-regional communities in Africa is not a new phenomenon, but the incorporation of human rights into their agenda is relatively new. In effect, REC courts have introduced a new layer of supra national ... -
The role of traditional leaders in Zimbabwe: are they still relevant?
(University of the Western Cape, 2016)As in many other parts of sub-Saharan Africa, the institution of traditional leadership has always been central to the governance of communities in Zimbabwe. Traditional authorities take various forms and shapes in many ... -
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 ... -
The role that lay Muslim judges play in state courts and religious tribunals in South Africa: A historical, contemporary and gender perspective
(Kluwer, 2002)Taking the example of a religious adjudicative body for Muslims in the Western Cape in South Africa, this article analyses the symbiotic working relationship between state courts and non-state dispute settlement bodies, ... -
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 ... -
Roman-Dutch law in modern South African succession law
(Ars Aequi, 2014)Modern South African succession law adheres to many of the tenets of Roman-Dutch succession law, and present-day South African courts frequently invoke Roman-Dutch authority to address questions regarding contemporary ... -
The rule of law and compliance: Legal quadrant and conceptual clustering
(Springer, Cham, 2021)We present in this paper: (i) a regulatory quadrant to describe the rule of law; (ii) a cluster of concepts to describe instruments and processes of the law; (iii) the methodology followed to select the technical papers ... -
The rule of law in Indian administrative law versus the principle of legality in south African administrative law: Some observations
(ASSAF, 2021)The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our ... -
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ...