Browsing Socio-Economic Rights Project (SERP) by Title
Now showing items 13-32 of 130
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Case review - fundamental constitutional value of accountability requires municipal officials to obey court orders : feature
(ESR Review : Economic and Social Rights in South Africa, 2015)This is a summary of a recent Supreme Court of Appeal (SCA) decision that elaborated on the fundamental Constitutional value of accountability of public officials. -
Celebrating ten years of translating socio-economic rights into reality : The Socio-Economic Rights Project of the Community Law Centre
(ESR Review : Economic and Social Rights in South Africa, 2007)South Africa’s democracy has all the building blocks in place to facilitate democratic development and the realisation of socio-economic rights. The 1996 Constitution provides a strong institutional framework within which ... -
Child poverty and children’s rights of access to food and basic nutrition in South Africa : A contextual, jurisprudential and policy analysis
(Community Law Centre, University of the Western Cape, 2009)The rights to food and basic nutrition have been implemented rather unsystematically in South Africa through a hodgepodge of policies and indirectly by legislation. In view of the dearth of jurisprudence, this paper ... -
The child's right to basic education in Nigeria: a commentary on the decision in SERAP v Nigeria
(African Journal of International and Comparative Law, 2018)The right to education is not justiciable in Nigeria by virtue of it being included in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN 1999) as a directive principle of state policy. ... -
Civic space and human rights advocacy in the extractive industry in Uganda: Implications of the 2016 Non-Governmental Organisations Act for oil and gas civil society organisations
(African Human Rights Law Journal, 2018)The discovery of oil and gas in Uganda has been identified as having the potential to transform Uganda’s economy, moving Uganda away from a predominantly low-income to a competitive upper-middle-income country by 2040. ... -
Compulsory licensing and access to medicines in post Doha era: What hope for Africa?
(Netherlands International Law Review, 2008)The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994, an outcome of the Uruguay Round negotiations, radically altered the role of international trade law in promoting and enforcing intellectual ... -
Conference “Seeking security: Towards a new vision for tenure relations in farming areas”
(ESR Review : Economic and Social Rights in South Africa, 2005)Nkuzi Development Association (NDA) in partnership with Social Surveys Africa (SSA) organised a conference on the tenure security of farm dwellers, which was held in Johannesburg from 25–27 October 2005. -
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ... -
The Constitutional Protection of Those Facing Eviction from “Bad Buildings”
(ESR Review : Economic and Social Rights in South Africa, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad-buildings” in the inner city of Johannesburg as well as other poor people facing ... -
The constitutional protection of those facing eviction from “bad buildings”
(ESR Review, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad buildings” in the inner city of Johannesburg as well as other poor people facing ... -
Contribution of the health Ombud to accountability: The life Esidimeni tragedy in South Africa
(Health and Human Rights Journal, 2018)Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by ... -
Correcting the historical asymmetry between rights : the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(African Human Rights Law Journal, 2009)On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ... -
The courts and socio-economic rights: carving out a role
(ESR Review, 2002)Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ... -
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ... -
Developing norms and standards on maternal mortality in Africa: lessons from UN human rights bodies
(African Human Rights Yearbook, 2017)The African Charter on Human and Peoples’ Rights and the Protocol to the African Charter Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol) contain useful provisions for addressing ... -
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 ... -
The Ebola Virus and Human Rights Concerns in Africa
(African Journal of Reproductive Health, 2015)In the wake of the Ebola virus disease (EVD) that is ravaging parts of Africa certain measures are being taken by governments to prevent the spread of the epidemic within their borders. Some of these measures are drastic ... -
Enforcement of economic, social and cultural rights in Uganda
(ESR Review : Economic and Social Rights in South Africa, 2009)Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ... -
Enforcing housing rights
(ESR Review : Economic and Social Rights in South Africa, 2009)On 27 March 2009, the Supreme Court of Appeal (SCA) overturned a High Court judgment ordering the Ekurhuleni Metropolitan Municipality (the municipality) to buy land which had been unlawfully occupied by about 76 families ... -
Enforcing socio-economic rights as individual rights: The role of corrective and distributive forms of justice in determining “appropriate relief”
(ESR Review : Economic and Social Rights in South Africa, 2008)Different notions of justice influence the remedies that courts grant in socio-economic rights litigation. The two theories of justice discussed here derive from the philosophies of corrective and distributive forms of ...