Browsing Faculty of Law by Title
Now showing items 646-665 of 909
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Race, class and restorative justice: achilles heel, glass ceiling or crowning glory
(Juta Law, 2004)This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group ... -
Race, gender and socio-economic status in law enforcement in South Africa – are there worrying signs?
(Community Law Centre, University of the Western Cape, 2013)In the South African context the right to equality has particular significance given the country’s history of statutory unfair racial discrimination. This paper investigates, based on quantitative data, how different ... -
Reaching A Verdict: The impact of minimum sentencing
(South African Crime Quarterly, 2007)The so-called ‘temporary’ minimum sentencing legislation introduced into South African law in 1998 is still in place. The legislation was passed largely in response to high crime rates at the time and the perceived leniency ... -
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 ... -
Reaffirming the social security rights of children in South Africa with particular reference to the child support grant
(ESR Review : Economic and Social Rights in South Africa, 2010)While South Africa has one of the most progressive constitutions in the world, the realisation of socio-economic rights remains a mirage for the majority of its population. Widespread poverty and unemployment present ... -
Real or imagined local autonomy: Experiences from local government in Ethiopia, South Africa and Zimbabwe
(Koninklijke Brill NV, 2021)Centralized rule has been common in Africa, and almost all African countries implemented, constitutionally or otherwise, programs of centralization from the time they achieved independence from colonial rule. They did ... -
Realisation or oversight of a constitutional mandate? Corrective rape of black African lesbians in South Africa
(Pretoria University Law Press (PULP), 2015)Corrective rape is a form of sexual punishment by men towards lesbians in order to cure them of their sexual orientation. Black African lesbians are victims of corrective rape, particularly those in townships who are seen ... -
Realising children's rights to legal representation and to be heard in judicial proceedings: an update
(Juta Law, 2008)South Africa still has some way to go towards ensuring that children's rights to legal representation and to be heard are fully implemented in relation to judicial proceedings affecting them. Nonetheless, some emerging ... -
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. ... -
Realising the right of access to water: pipe dream or watershed?
(University of the Western Cape, 2003)The article assesses the implications of the Grootboom judgment on the right of access to water. The free basic water policy intends six free kilolitres of water per household per month to be funded from the equitable share ... -
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 ... -
Reaping “bumper harvests” during the Covid-19 pandemic: Interrogating the dynamics of corruption during the procurement of relief and healthcare items in Uganda
(University of the Western Cape, 2022)The discovery of the coronavirus (SARS-CoV2 or COVID-19) in Wuhan, China was considered a Chinese problem by Ugandans until confirmation of the first positive test in the country, in March 2020. The government went into ... -
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 ... -
Recent developments Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. ... -
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 reconciliation of transnational economic, social and cultural human rights via the common interest
(VerLoren Van Themaat Centre, 2012)In general, human rights obligations are restricted to states' actions within their own territory in relation to their own citizens and residents. However, article 55(c) of the Charter of the United Nations refers to the ... -
Recovering the stolen assets: Understanding gatekeeper's activities
(2011-08-15)This paper identifies the link between gatekeepers and corruption, and examines how money laundering mechanisms are used to conceal the proceeds of corruption. In order to successfully trace and recover stolen assets, we ... -
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 frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)This article discusses the safeguarding movement in the context of child protection. After providing it’s key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child ... -
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 ...