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University of Pretoria
1.
Murcott, Melanie.
The role of
environmental justice in socio-economic rights
litigation.
Degree: Public Law, 2014, University of Pretoria
URL: http://hdl.handle.net/2263/41187 
► In this dissertation I argue that the notion of environmental justice is recognised by section 24 of the Constitution, forms part of our law, and…
(more)
▼ In this dissertation I argue that the notion of
environmental justice is recognised by section 24 of the
Constitution, forms part of our law, and could play a role in South
African
socio-
economic rights litigation as a transformative tool.
I assert that because environmental justice recognises the
intrinsic links between the distribution of basic resources and the
environments in which poor people continue to find themselves in
post 1994 South Africa, it has the ability to enhance and
strengthen the enforcement of
socio-
economic rights. Environmental
justice can do so by, among other things, focussing the court‟s
mind on questions of justice and equity in the context of previous
unjust environmental decision-making.
In chapter 1, I explore the
origins of environmental justice as a conceptual framework and as a
movement that first emerged in the United States, and was
subsequently embraced in the early post-apartheid era in response
to immense environmental injustices experienced by South Africa‟s
poor black majority as a result of apartheid. I discuss how many of
these injustices not only „linger on‟ in post 1994 South Africa,
but have also arguably become more entrenched, representing a
failure on the part of the hopeful environmental justice movement
of the early post-apartheid era. I highlight some of the reasons
for this failure, which include the fragmented nature of the
environmental justice movement, changes in government policy in
relation to environmental issues, and the inadequate implementation
of environmental laws intended to ensure public participation.
In
spite of these set backs, I argue in chapter 2 that there remains
room for environmental justice to play a role in transformative
constitutionalism. I then demonstrate that, despite environmental
justice having been incorporated into our law, it has failed to
capture the imagination of lawyers engaged in
socio-
economic rights
litigation. Sustainable development and human
rights discourses
have thus far been the dominant voices in
socio-
economic rights
litigation, at the expense of environmental justice, and its
transformative potential.
In chapter 3, I analyse Mazibuko v City
of Johannesburg, which concerned the right to free basic water
under section 27 of the Constitution. In my analysis of Mazibuko, I
align myself with those who criticise the court‟s approach as
anti-transformative. I do so by demonstrating that the court ii
„technicised‟, „personalised‟, „proceduralised‟ and so,
„depoliticised‟ the applicants‟ challenge to the government‟s
policy. In this way, the court endorsed the „commodification‟ of
water, and a „neo-liberal paradigm‟ towards access to basic water.
I point to how linking environmental justice to the right to access
to basic water could have encouraged the court to adopt a more
redistributive and transformative approach.
Finally, in chapter
4, I conclude by considering the future role of environmental
justice in
socio-
economic rights litigation to enhance the ability
of the environmental right to challenge poverty and…
Advisors/Committee Members: Brand, Danie (Jacobus Frederick Daniel, 1968- ) (advisor).
Subjects/Keywords: Environment;
Constitution;
Socio-economic rights
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APA (6th Edition):
Murcott, M. (2014). The role of
environmental justice in socio-economic rights
litigation. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/41187
Chicago Manual of Style (16th Edition):
Murcott, Melanie. “The role of
environmental justice in socio-economic rights
litigation.” 2014. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/41187.
MLA Handbook (7th Edition):
Murcott, Melanie. “The role of
environmental justice in socio-economic rights
litigation.” 2014. Web. 06 Dec 2019.
Vancouver:
Murcott M. The role of
environmental justice in socio-economic rights
litigation. [Internet] [Masters thesis]. University of Pretoria; 2014. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/41187.
Council of Science Editors:
Murcott M. The role of
environmental justice in socio-economic rights
litigation. [Masters Thesis]. University of Pretoria; 2014. Available from: http://hdl.handle.net/2263/41187
University of Pretoria
2.
Ngoma, Pauline Tionenji
Mulanda.
A critical
examination of the socio-economic rights of prisoners in Zambia in
the context of international minimum standards.
Degree: Centre for Human
Rights, 2012, University of Pretoria
URL: http://hdl.handle.net/2263/27939
► The subject matter pertaining to the socio-economic rights of prisoners, is a subject area that has been neglected by legal academics in Zambia. Therefore, it…
(more)
▼ The
subject matter pertaining to the
socio-
economic
rights of prisoners, is a
subject area that has been neglected by
legal academics in Zambia. Therefore, it was only fitting to give
this topic, the attention it deserves. When the topic at hand was
elected, it was underlined by three assumptions. The first
assumption being that in the Zambian legal system, the
socio-
economic rights of prisoners are not duly acknowledged,
respected and promoted. The second assumption was that prisoners
are ill-treated, such that their dignity is taken away by virtue of
their confinement to a prison. The last assumption was that Zambia
is not abiding by its international and regional minimum human
rights law obligations, pertaining to detained persons.
Consequently, the investigations described below were undertaken to
prove the validity of these three assumptions. Firstly, reports of
institution such as the Human
Rights Commission and the Human
Rights Watch, were employed to acquire a more in-depth
understanding of the
socio-
economic conditions in prisons around
Zambia. In their totality, the reports revealed that the majority
of Zambian prisons are places where human
rights violations
manifest, due to the inhumane
socio-
economic conditions and
treatment of prisoners. Secondly, a critical analysis of the
provisions relevant to the
socio-
economic rights of prisoners in
the Prisons Act1 and the Prison Rules2 and Zambian Constitution,3
was undertaken. The analysis, aimed at ascertaining the content of
the law in so far as recognizing, protecting and realizing the
socio-
economic rights of prisoners, finds that neither of these
pieces of legislation expressly recognize the
rights in question.
Consequently, the realization of these
rights is dependant on
general law which includes but is not limited to the Public Health
Act,,sup>4 the National Health Services Act5 and the National
Food and Nutrition Commission Act.6 Thirdly, the relevant
provisions of both soft and hard international human
rights law
instruments including the Universal Declaration of Human
Rights
(UDHR),7 the International Covenant on Civil and Political
Rights
(ICCPR),8 the International Covenant on
Economic, Social and
Cultural
Rights (ICESCR),9 the United Nations Standard Minimum
Rules for the Treatment of Prisoners (SMR),10 the Body of
Principles for the Protection of all Persons Under Any Form of
Detention or Imprisonment,11 the Basic Principles for the Treatment
of Prisoners,12 the African Charter on Human and Peoples’
Rights
(ACHPR),13 the Kampala Declaration on Prison Conditions in Africa
14 and the Robben Island Guidelines15 were analyzed. The analysis
of which the focal point is on whether Zambia is complying with the
international minimum standards for the treatment of prisoners and
prison conditions, leads to the finding that Zambia is in violation
of numerous provisions in the aforementioned instruments and that
the treatment of prisoners as well as IX the prison conditions in
most prisons, falls short of international minimum standards. In
summary, the…
Advisors/Committee Members: Prof M Hansungule (advisor).
Subjects/Keywords: Socio-economic
rights;
Zambia;
Prisoners;
UCTD
Record Details
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Ngoma, P. T. (2012). A critical
examination of the socio-economic rights of prisoners in Zambia in
the context of international minimum standards. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/27939
Chicago Manual of Style (16th Edition):
Ngoma, Pauline Tionenji. “A critical
examination of the socio-economic rights of prisoners in Zambia in
the context of international minimum standards.” 2012. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/27939.
MLA Handbook (7th Edition):
Ngoma, Pauline Tionenji. “A critical
examination of the socio-economic rights of prisoners in Zambia in
the context of international minimum standards.” 2012. Web. 06 Dec 2019.
Vancouver:
Ngoma PT. A critical
examination of the socio-economic rights of prisoners in Zambia in
the context of international minimum standards. [Internet] [Masters thesis]. University of Pretoria; 2012. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/27939.
Council of Science Editors:
Ngoma PT. A critical
examination of the socio-economic rights of prisoners in Zambia in
the context of international minimum standards. [Masters Thesis]. University of Pretoria; 2012. Available from: http://hdl.handle.net/2263/27939
University of Pretoria
3.
Maiketso, Edward
Theoha.
Realising the
right to education in Lesotho.
Degree: Centre for Human
Rights, 2011, University of Pretoria
URL: http://hdl.handle.net/2263/29701
► The enjoyment of life depends on a minimum level of education including literacy. As one of the socio-economic rights, the right to education must be…
(more)
▼ The enjoyment of life depends on a minimum level of
education including literacy. As one of the
socio-
economic rights,
the right to education must be fully realised in order to empower
great majority of people out there who are still facing social
injustice. This study focuses on the right to education in Lesotho.
The extent to which this country has incorporated
socio-
economic
rights, specifically the right to education, is explored. The
mechanisms through which the said right is turned into reality; the
challenges such right entails and the approach taken by the
government are also looked at. As a signatory to many human
rights
instruments, Lesotho is charged with an obligation of realising
socio-
economic rights. One of the many international law
obligations facing Lesotho emanates from the provisions of
International Covenant on
Economic, Social and Cultural
Rights
(ICESCR). Article 13 provides that state parties must recognise the
right to education. Member states, as further provided, also agree
that education shall be directed to the full development of the
human personality and the sense of its dignity, and shall
strengthen the respect for human
rights and fundamental freedoms.
The above provisions are read with article 2(1) of the same
Covenant with respect to the domestic implementation of the
socio-
economic rights in the ICESCR. Having analysed what is
expected of Lesotho internationally to realise the right to
education by looking at the provisions of the ICESCR and the
General Comments of the Committee on ESCR, assessment is made as to
whether the current measures adopted by the Lesotho government on
working towards realising the right in question comply with the
international requirements. The survey then concludes that there is
a lot that needs to be done in Lesotho in the area of
socio-
economic rights. It has been recommended that India and South
African jurisprudence can be of great importance to Lesotho for
purposes of making laws which will give
socio-
economic rights
teeth.
Advisors/Committee Members: Prof D Brand (advisor).
Subjects/Keywords: Socio-economic
rights;
Education;
Lesotho;
UCTD
Record Details
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Record Details
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Maiketso, E. (2011). Realising the
right to education in Lesotho. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/29701
Chicago Manual of Style (16th Edition):
Maiketso, Edward. “Realising the
right to education in Lesotho.” 2011. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/29701.
MLA Handbook (7th Edition):
Maiketso, Edward. “Realising the
right to education in Lesotho.” 2011. Web. 06 Dec 2019.
Vancouver:
Maiketso E. Realising the
right to education in Lesotho. [Internet] [Masters thesis]. University of Pretoria; 2011. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/29701.
Council of Science Editors:
Maiketso E. Realising the
right to education in Lesotho. [Masters Thesis]. University of Pretoria; 2011. Available from: http://hdl.handle.net/2263/29701
Addis Ababa University
4.
SISAY, BOGALE.
COMPETENCE AND LEGITIMACY OF ETHIOPIAN COURTS IN THE ADJUDICATION OF SOCIO-ECONOMIC RIGHTS: AN APPRAISAL OF THE CHALLENGES AND PROSPECTS
.
Degree: 2012, Addis Ababa University
URL: http://etd.aau.edu.et/dspace/handle/123456789/1455
► Socio-economic rights are those human rights that aim at securing basic quality of life in terms of food, water, shelter, education, health care and housing…
(more)
▼ Socio-
economic rights are those human
rights that aim at securing basic quality of life in
terms of food, water, shelter, education, health care and housing for all members of a
particular society. For proper enforcement of these
rights, two things shall go hand in hand:
legal recognition and judicial scrutiny in case of violations. To this end, the existence of
courts capable of providing remedies is essential. Accordingly, this dissertation tries to
assess the recognition of the
rights in the Ethiopian legal system and the competence and
legitimacy of Ethiopian Courts in the adjudication of these
rights through a qualitative
research method (interview of 13 judges along with the assessment of other international and
domestic laws and literatures). Thus, the existing theoretical and practical challenges related
to competence and legitimacy and other major impediments are identified. The major setback
emanates from the FDRE Constitution itself which grants apparent power of interpretation of
socio-
economic rights to HOF. Other problems include: ouster clauses against powers of
courts, poor perception of the people towards the judiciary, ambiguity on status of
international instruments in the FDRE Constitution, non-publication of international
instruments, absence of domestic legislation on the contents of
socio-
economic rights and
absence of public interest litigation. The author of this dissertation argues that these
challenges cannot absolutely hinder courts from judicial scrutiny of
socio-
economic rights in
Ethiopia and can be overcome by the joint action of courts and the government.
Accordingly, the dissertation concludes that Ethiopian courts are competent and legitimate to
adjudicate
socio-
economic rights.
Advisors/Committee Members: MIZANIE ABATE (LL.B, LL.M, PhD Candidate (advisor).
Subjects/Keywords: Socio-economic Rights;
Competence;
Legitimacy;
Recognition
Record Details
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Record Details
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
SISAY, B. (2012). COMPETENCE AND LEGITIMACY OF ETHIOPIAN COURTS IN THE ADJUDICATION OF SOCIO-ECONOMIC RIGHTS: AN APPRAISAL OF THE CHALLENGES AND PROSPECTS
. (Thesis). Addis Ababa University. Retrieved from http://etd.aau.edu.et/dspace/handle/123456789/1455
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
SISAY, BOGALE. “COMPETENCE AND LEGITIMACY OF ETHIOPIAN COURTS IN THE ADJUDICATION OF SOCIO-ECONOMIC RIGHTS: AN APPRAISAL OF THE CHALLENGES AND PROSPECTS
.” 2012. Thesis, Addis Ababa University. Accessed December 06, 2019.
http://etd.aau.edu.et/dspace/handle/123456789/1455.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
SISAY, BOGALE. “COMPETENCE AND LEGITIMACY OF ETHIOPIAN COURTS IN THE ADJUDICATION OF SOCIO-ECONOMIC RIGHTS: AN APPRAISAL OF THE CHALLENGES AND PROSPECTS
.” 2012. Web. 06 Dec 2019.
Vancouver:
SISAY B. COMPETENCE AND LEGITIMACY OF ETHIOPIAN COURTS IN THE ADJUDICATION OF SOCIO-ECONOMIC RIGHTS: AN APPRAISAL OF THE CHALLENGES AND PROSPECTS
. [Internet] [Thesis]. Addis Ababa University; 2012. [cited 2019 Dec 06].
Available from: http://etd.aau.edu.et/dspace/handle/123456789/1455.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
SISAY B. COMPETENCE AND LEGITIMACY OF ETHIOPIAN COURTS IN THE ADJUDICATION OF SOCIO-ECONOMIC RIGHTS: AN APPRAISAL OF THE CHALLENGES AND PROSPECTS
. [Thesis]. Addis Ababa University; 2012. Available from: http://etd.aau.edu.et/dspace/handle/123456789/1455
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Pretoria
5.
[No author].
A critical examination of the socio-economic rights of
prisoners in Zambia in the context of international minimum
standards
.
Degree: 2012, University of Pretoria
URL: http://upetd.up.ac.za/thesis/available/etd-09142012-114254/
► The subject matter pertaining to the socio-economic rights of prisoners, is a subject area that has been neglected by legal academics in Zambia. Therefore, it…
(more)
▼ The
subject matter pertaining to the
socio-
economic
rights of prisoners, is a
subject area that has been neglected by
legal academics in Zambia. Therefore, it was only fitting to give
this topic, the attention it deserves. When the topic at hand was
elected, it was underlined by three assumptions. The first
assumption being that in the Zambian legal system, the
socio-
economic rights of prisoners are not duly acknowledged,
respected and promoted. The second assumption was that prisoners
are ill-treated, such that their dignity is taken away by virtue of
their confinement to a prison. The last assumption was that Zambia
is not abiding by its international and regional minimum human
rights law obligations, pertaining to detained persons.
Consequently, the investigations described below were undertaken to
prove the validity of these three assumptions. Firstly, reports of
institution such as the Human
Rights Commission and the Human
Rights Watch, were employed to acquire a more in-depth
understanding of the
socio-
economic conditions in prisons around
Zambia. In their totality, the reports revealed that the majority
of Zambian prisons are places where human
rights violations
manifest, due to the inhumane
socio-
economic conditions and
treatment of prisoners. Secondly, a critical analysis of the
provisions relevant to the
socio-
economic rights of prisoners in
the Prisons Act1 and the Prison Rules2 and Zambian Constitution,3
was undertaken. The analysis, aimed at ascertaining the content of
the law in so far as recognizing, protecting and realizing the
socio-
economic rights of prisoners, finds that neither of these
pieces of legislation expressly recognize the
rights in question.
Consequently, the realization of these
rights is dependant on
general law which includes but is not limited to the Public Health
Act,,sup>4 the National Health Services Act5 and the National
Food and Nutrition Commission Act.6 Thirdly, the relevant
provisions of both soft and hard international human
rights law
instruments including the Universal Declaration of Human
Rights
(UDHR),7 the International Covenant on Civil and Political
Rights
(ICCPR),8 the International Covenant on
Economic, Social and
Cultural
Rights (ICESCR),9 the United Nations Standard Minimum
Rules for the Treatment of Prisoners (SMR),10 the Body of
Principles for the Protection of all Persons Under Any Form of
Detention or Imprisonment,11 the Basic Principles for the Treatment
of Prisoners,12 the African Charter on Human and Peoples’
Rights
(ACHPR),13 the Kampala Declaration on Prison Conditions in Africa
14 and the Robben Island Guidelines15 were analyzed. The analysis
of which the focal point is on whether Zambia is complying with the
international minimum standards for the treatment of prisoners and
prison conditions, leads to the finding that Zambia is in violation
of numerous provisions in the aforementioned instruments and that
the treatment of prisoners as well as IX the prison conditions in
most prisons, falls short of international minimum standards. In
summary, the…
Advisors/Committee Members: Prof M Hansungule (advisor).
Subjects/Keywords: Socio-economic rights;
Zambia;
Prisoners;
UCTD
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
author], [. (2012). A critical examination of the socio-economic rights of
prisoners in Zambia in the context of international minimum
standards
. (Masters Thesis). University of Pretoria. Retrieved from http://upetd.up.ac.za/thesis/available/etd-09142012-114254/
Chicago Manual of Style (16th Edition):
author], [No. “A critical examination of the socio-economic rights of
prisoners in Zambia in the context of international minimum
standards
.” 2012. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://upetd.up.ac.za/thesis/available/etd-09142012-114254/.
MLA Handbook (7th Edition):
author], [No. “A critical examination of the socio-economic rights of
prisoners in Zambia in the context of international minimum
standards
.” 2012. Web. 06 Dec 2019.
Vancouver:
author] [. A critical examination of the socio-economic rights of
prisoners in Zambia in the context of international minimum
standards
. [Internet] [Masters thesis]. University of Pretoria; 2012. [cited 2019 Dec 06].
Available from: http://upetd.up.ac.za/thesis/available/etd-09142012-114254/.
Council of Science Editors:
author] [. A critical examination of the socio-economic rights of
prisoners in Zambia in the context of international minimum
standards
. [Masters Thesis]. University of Pretoria; 2012. Available from: http://upetd.up.ac.za/thesis/available/etd-09142012-114254/
University of Pretoria
6.
[No author].
Realising the right to education in
Lesotho
.
Degree: 2011, University of Pretoria
URL: http://upetd.up.ac.za/thesis/available/etd-11222011-171827/
► The enjoyment of life depends on a minimum level of education including literacy. As one of the socio-economic rights, the right to education must be…
(more)
▼ The enjoyment of life depends on a minimum level of
education including literacy. As one of the
socio-
economic rights,
the right to education must be fully realised in order to empower
great majority of people out there who are still facing social
injustice. This study focuses on the right to education in Lesotho.
The extent to which this country has incorporated
socio-
economic
rights, specifically the right to education, is explored. The
mechanisms through which the said right is turned into reality; the
challenges such right entails and the approach taken by the
government are also looked at. As a signatory to many human
rights
instruments, Lesotho is charged with an obligation of realising
socio-
economic rights. One of the many international law
obligations facing Lesotho emanates from the provisions of
International Covenant on
Economic, Social and Cultural
Rights
(ICESCR). Article 13 provides that state parties must recognise the
right to education. Member states, as further provided, also agree
that education shall be directed to the full development of the
human personality and the sense of its dignity, and shall
strengthen the respect for human
rights and fundamental freedoms.
The above provisions are read with article 2(1) of the same
Covenant with respect to the domestic implementation of the
socio-
economic rights in the ICESCR. Having analysed what is
expected of Lesotho internationally to realise the right to
education by looking at the provisions of the ICESCR and the
General Comments of the Committee on ESCR, assessment is made as to
whether the current measures adopted by the Lesotho government on
working towards realising the right in question comply with the
international requirements. The survey then concludes that there is
a lot that needs to be done in Lesotho in the area of
socio-
economic rights. It has been recommended that India and South
African jurisprudence can be of great importance to Lesotho for
purposes of making laws which will give
socio-
economic rights
teeth.
Advisors/Committee Members: Prof D Brand (advisor).
Subjects/Keywords: Socio-economic rights;
Education;
Lesotho;
UCTD
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
author], [. (2011). Realising the right to education in
Lesotho
. (Masters Thesis). University of Pretoria. Retrieved from http://upetd.up.ac.za/thesis/available/etd-11222011-171827/
Chicago Manual of Style (16th Edition):
author], [No. “Realising the right to education in
Lesotho
.” 2011. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://upetd.up.ac.za/thesis/available/etd-11222011-171827/.
MLA Handbook (7th Edition):
author], [No. “Realising the right to education in
Lesotho
.” 2011. Web. 06 Dec 2019.
Vancouver:
author] [. Realising the right to education in
Lesotho
. [Internet] [Masters thesis]. University of Pretoria; 2011. [cited 2019 Dec 06].
Available from: http://upetd.up.ac.za/thesis/available/etd-11222011-171827/.
Council of Science Editors:
author] [. Realising the right to education in
Lesotho
. [Masters Thesis]. University of Pretoria; 2011. Available from: http://upetd.up.ac.za/thesis/available/etd-11222011-171827/
University of Pretoria
7.
Delport, Petrus
Terblanche.
Law-Life:
Colonialism and the flows of the political.
Degree: MA, Philosophy, 2017, University of Pretoria
URL: http://hdl.handle.net/2263/62674
► In the Constitutional Court case of Mazibuko and Others v The City of Johannesburg and Others CCT 39/09 [2009], a case dealing with the question…
(more)
▼ In the Constitutional Court case of Mazibuko and
Others v The City of Johannesburg and Others CCT 39/09 [2009], a
case dealing with the question of access to water, the presiding
judge, Kate O'Regan CJ, makes the following opening remarks to the
judgment: 'Water is life. Without it, nothing organic grows. Human
beings need water to drink, to cook, to wash and to grow our food.
Without it, we will die. It is not surprising then that our
Constitution entrenches the right of access to water'. My aim in
this dissertation is to investigate the couplet of law-life and the
political in the Constitutional Court case of Mazibuko and Others v
The City of Johannesburg and Others. The case stands as an exemplar
of the intersection of life and the political by virtue of its
focus on
socio-
economic rights, specifically the right of access to
water enshrined in the Constitution. The history of the case, the
jurisprudence employed by the courts, and the responses and
critiques to the Mazibuko case add to the problematics to be
investigated here. What would it entail if the couplet of law-life
would be brought to the concept of the political? It would mean
interrogating how life and law is constructed by the political and
not merely how the political manages and regulates life through
law. If life is considered to be a matter of bare necessities, or
mere biological life, there would not be a need to consider the
question of the political relation to life; it could be delegated,
as it has practically been, to technocratic governmental policy.
Bringing the political to questions of life would reveal how the
political implicates life in its constituting moment. In this
dissertation, I will explore how the political could be brought to
the couplet of law-life, focusing particularly focus on
socio-
economic rights, international law, colonialism, and
constitution making.
Advisors/Committee Members: Kistner, Ulrike (advisor), Van Marle, Karin (coadvisor), Nethersole, Reingard (coadvisor).
Subjects/Keywords: UCTD; Socio-economic
rights;
Colonialism; Human
rights; The
political
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APA (6th Edition):
Delport, P. (2017). Law-Life:
Colonialism and the flows of the political. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/62674
Chicago Manual of Style (16th Edition):
Delport, Petrus. “Law-Life:
Colonialism and the flows of the political.” 2017. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/62674.
MLA Handbook (7th Edition):
Delport, Petrus. “Law-Life:
Colonialism and the flows of the political.” 2017. Web. 06 Dec 2019.
Vancouver:
Delport P. Law-Life:
Colonialism and the flows of the political. [Internet] [Masters thesis]. University of Pretoria; 2017. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/62674.
Council of Science Editors:
Delport P. Law-Life:
Colonialism and the flows of the political. [Masters Thesis]. University of Pretoria; 2017. Available from: http://hdl.handle.net/2263/62674
University of South Africa
8.
Maseko, Thembinkosi Wilson.
Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standards
.
Degree: 2014, University of South Africa
URL: http://hdl.handle.net/10500/18372
► This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include…
(more)
▼ This study critically analyses the protection and enforcement of inmates’
socio-
economic rights in South Africa. For the purpose of this study inmates’
socio-
economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’
socio-
economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these
rights as required by the Constitution and international norms and standards.
In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these
rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these
rights has to pay attention to the constitutional imperatives of interpreting the Bill of
Rights.
When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should
extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose.
Advisors/Committee Members: Mangu, Andre Mbata (advisor).
Subjects/Keywords: Inmates;
Human rights;
Socio-economic rights;
Constitution;
International norms and standards
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Maseko, T. W. (2014). Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standards
. (Doctoral Dissertation). University of South Africa. Retrieved from http://hdl.handle.net/10500/18372
Chicago Manual of Style (16th Edition):
Maseko, Thembinkosi Wilson. “Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standards
.” 2014. Doctoral Dissertation, University of South Africa. Accessed December 06, 2019.
http://hdl.handle.net/10500/18372.
MLA Handbook (7th Edition):
Maseko, Thembinkosi Wilson. “Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standards
.” 2014. Web. 06 Dec 2019.
Vancouver:
Maseko TW. Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standards
. [Internet] [Doctoral dissertation]. University of South Africa; 2014. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10500/18372.
Council of Science Editors:
Maseko TW. Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standards
. [Doctoral Dissertation]. University of South Africa; 2014. Available from: http://hdl.handle.net/10500/18372
University of Pretoria
9.
Odongo, Godfrey Odhiambo.
Making non-state
actors accountable for violations of socio-economic rights: a case
study of transnational corporations in the African
context.
Degree: LLM, Centre for Human Rights, 2002, University of Pretoria
URL: http://hdl.handle.net/2263/932
► "The exclusive focus on the state-centric paradigm of IHRL fails to address the increasing number of an array of private (non-state) actors who may come…
(more)
▼ "The exclusive focus on the state-centric paradigm of
IHRL fails to address the increasing number of an array of private
(non-state) actors who may come into play in terms of violations of
human
rights. Therefore while this study proceeds from the premise
that the state is the primary focus of IHRL, it will be argued that
the state cannot certainly be deemed the sole bearer of
responsibility for human
rights violations in view of the increase
in the number of potential violators. Consequently, the study aims
to address three issues. Firstly, it seeks to investigate the
increase in the number of violators of human
rights to include
non-state actors (particularly transnational (multinational)
corporations TNCs) and the effect of this increase on the
violations of ESCRs. While the discussion will focus on the
accountability of private actors vis-à-vis the protection of ESCRs,
the area of civil and political
rights is considered no less
important. The discussion takes cognisance of the indivisibility
and inter-dependence of all human
rights in the sense that no
precise contours separating all human
rights can be said to exist.
Secondly, the study seeks to review the dominant approach to human
rights including human
rights treaties and other relevant
instruments to assess their potential in asserting the human
rights
obligations (including, ESCRs obligations)) of non-state actors.
Thirdly and with specific reference to the TNC as a non-state actor
in the African context, the study seeks to investigate the
challenges to the problem of implementing the accountability of
TNCs through the IHRL framework and suggest ways of addressing
these challenges. Central focus will be placed on the
accountability of TNCs for human
rights violations, particularly
ESCRs. The choice of TNCs in this study is justified on account of
the immense
economic power wielded by these entities vis a vis the
changing notion of state sovereignty as will be emphasized in
chapter 2. At a more specific level, the case study on the problem
of accountability of TNCs is narrowed down to an African context
particularly for two reasons. Firstly, the problem of control of
TNCs is highlighted more in the case of the weaker state in the
African context. Secondly, the African Commission on Human and
Peoples’ Rights’ recent decision in the SERAC case that forms the
basis of the case study in chapter 4 brings into light within a
human
rights treaty monitoring framework, the challenges of TNC-
accountability within the context of Africa." – Chapter
1.
Advisors/Committee Members: Van Reenen, Tobias (advisor).
Subjects/Keywords: UCTD; Non-state
actors; Private
actors; Human rights
Africa; Socio-economic
rights; Violations
Nigeria; Transnational
corporations
Record Details
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Odongo, G. O. (2002). Making non-state
actors accountable for violations of socio-economic rights: a case
study of transnational corporations in the African
context. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/932
Chicago Manual of Style (16th Edition):
Odongo, Godfrey Odhiambo. “Making non-state
actors accountable for violations of socio-economic rights: a case
study of transnational corporations in the African
context.” 2002. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/932.
MLA Handbook (7th Edition):
Odongo, Godfrey Odhiambo. “Making non-state
actors accountable for violations of socio-economic rights: a case
study of transnational corporations in the African
context.” 2002. Web. 06 Dec 2019.
Vancouver:
Odongo GO. Making non-state
actors accountable for violations of socio-economic rights: a case
study of transnational corporations in the African
context. [Internet] [Masters thesis]. University of Pretoria; 2002. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/932.
Council of Science Editors:
Odongo GO. Making non-state
actors accountable for violations of socio-economic rights: a case
study of transnational corporations in the African
context. [Masters Thesis]. University of Pretoria; 2002. Available from: http://hdl.handle.net/2263/932
University of Pretoria
10.
Ogbonna, Hilary Chima.
Growing
without poverty: the role of good governance and pro-poor growth in
the realisation of socio-economic rights and human development in
Africa.
Degree: LLM, Centre for Human Rights, 2008, University of Pretoria
URL: http://hdl.handle.net/2263/8097
► This research is founded upon three fundamental premises. The first is that good governance is central to human development. The second premise is that the…
(more)
▼ This research is founded upon three fundamental
premises. The first is that good governance is central to human
development. The second premise is that the realisation of
socio-
economic rights is a necessary condition for the attainment
of human development. The third premise is that pro-poor growth
policies and frameworks are veritable tools through which human
development can be delivered and
socio-
economic rights realised.
The research Focuses on the view that human development should be
the end of every growth policy regime and good governance the means
to such end.
Socio-
economic rights on the other hand should serve
as indicators to the formulation, implementation and the
measurement of such policies
Advisors/Committee Members: Chenwi, Lilian (advisor).
Subjects/Keywords: UCTD; Poverty
South Africa;
Socio-economic rights Nigeria; Good
governance Africa; Human
rights – Africa; Poverty
– Africa;
Economics – Sociological aspects
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Ogbonna, H. C. (2008). Growing
without poverty: the role of good governance and pro-poor growth in
the realisation of socio-economic rights and human development in
Africa. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/8097
Chicago Manual of Style (16th Edition):
Ogbonna, Hilary Chima. “Growing
without poverty: the role of good governance and pro-poor growth in
the realisation of socio-economic rights and human development in
Africa.” 2008. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/8097.
MLA Handbook (7th Edition):
Ogbonna, Hilary Chima. “Growing
without poverty: the role of good governance and pro-poor growth in
the realisation of socio-economic rights and human development in
Africa.” 2008. Web. 06 Dec 2019.
Vancouver:
Ogbonna HC. Growing
without poverty: the role of good governance and pro-poor growth in
the realisation of socio-economic rights and human development in
Africa. [Internet] [Masters thesis]. University of Pretoria; 2008. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/8097.
Council of Science Editors:
Ogbonna HC. Growing
without poverty: the role of good governance and pro-poor growth in
the realisation of socio-economic rights and human development in
Africa. [Masters Thesis]. University of Pretoria; 2008. Available from: http://hdl.handle.net/2263/8097
University of Nairobi
11.
Sungura, Beatrice.
Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya
.
Degree: 2012, University of Nairobi
URL: http://erepository.uonbi.ac.ke:8080/xmlui/handle/123456789/15733
► Kenya is currently engaged in trade negotiations with the European Union (EU) through the framework of the African Caribbean and Pacific (ACP) countries – (EU)…
(more)
▼ Kenya is currently engaged in trade negotiations with the European Union (EU) through the
framework of the African Caribbean and Pacific (ACP) countries – (EU) relations. Kenya is
negotiating under the auspices of the East Africa Community. Once these negotiations are
concluded Kenya is required to signs Economic Partnership Agreements whose content has been
widely criticized.
Unlike its predecessor, Cotonou Agreement was founded on the foundation of among other the
respect for International Convention on Economic, Social and Cultural Rights (ICESCR) the
EPAs are founded on the trade liberalization theory. The aim of EPAs is to establish a regime
that is compatible to international trade principles as envisaged within the WTO framework. The
WTO framework gives minimal consideration for human rights hence a WTO compliant EPAs
may see EAC countries enjoying less social and economic rights than they are currently.
The theme of this paper, therefore, is to interrogate the content of the EPAs, Kenya’s obligations
under EPAS and establish whether they indeed violate the socio-economic rights of developing
countries, particularly Kenya. The study further proposes possible alterations that will see
preservation of social-economic rights of Kenyans.
Subjects/Keywords: EU-ACP;
Economic Partnership Agreements;
Socio-economic Rights;
Kenya
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Sungura, B. (2012). Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya
. (Thesis). University of Nairobi. Retrieved from http://erepository.uonbi.ac.ke:8080/xmlui/handle/123456789/15733
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Sungura, Beatrice. “Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya
.” 2012. Thesis, University of Nairobi. Accessed December 06, 2019.
http://erepository.uonbi.ac.ke:8080/xmlui/handle/123456789/15733.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Sungura, Beatrice. “Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya
.” 2012. Web. 06 Dec 2019.
Vancouver:
Sungura B. Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya
. [Internet] [Thesis]. University of Nairobi; 2012. [cited 2019 Dec 06].
Available from: http://erepository.uonbi.ac.ke:8080/xmlui/handle/123456789/15733.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Sungura B. Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya
. [Thesis]. University of Nairobi; 2012. Available from: http://erepository.uonbi.ac.ke:8080/xmlui/handle/123456789/15733
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Addis Ababa University
12.
Amare, Tesfaye.
JUSTICIABILITY OF SOCIO-ECONOMIC RIGHTS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
.
Degree: 2012, Addis Ababa University
URL: http://etd.aau.edu.et/dspace/handle/123456789/1457
► ABSTRACT Civil and political rights have for years received, both at the international and national levels, much more prominence than socio-economic rights. Ethiopia is no…
(more)
▼ ABSTRACT
Civil and political
rights have for years received, both at the international and national
levels, much more prominence than
socio-
economic rights. Ethiopia is no exception in
this regard. It is safe to state that, in the realm of civil and political
rights, much has been
achieved in Ethiopia. Many people freely exercise and enjoy the fundamental
rights and
freedoms recognized and protected in the Federal Democratic Republic of Ethiopian
(FDRE) Constitution and ratified agreements, most of which are civil and political
rights.
However, the same cannot be said for
socio-
economic rights. This is because in the
existence of such situation in the country, there are not many cases of these
rights
entertained by the judiciary. In other legal systems, problems related to nature of
socio-
economic rights, and legitimacy and competency of the judiciary in adjudicating these
rights have impeded the judiciary’s efforts to enforce these crucial
rights meaningfully. In
order to explore why the adjudication of
socio-
economic rights under the Ethiopian legal
system is under-developed, this research thus aims at examining and critically analyzing
the justiciability of
socio-
economic rights in Ethiopia. Hence, the justiciability of
socio-
economic rights in the FDRE Constitution and ratified agreements is analyzed from the
perspective of the three normative pre-conditions of justiciability consisting of: claim,
setting and remedy elements of justiciability. Accordingly, this research argues that
socio-
economic rights can be enforced both directly and indirectly in Ethiopia. While the
direct way would be grounded on the provisions of substantive part of the Constitution
and ratified treaties, the indirect way would be grounded on the provisions found in the
National Policy Principles and Objectives of the Constitution as well as cross-cutting
rights. Therefore, Ethiopian courts should adjudicate
socio-
economic rights.
Advisors/Committee Members: Ato Wondmagegn Tadesse (advisor).
Subjects/Keywords: Adjudication;
Claim;
Ethiopia;
Justiciability;
Remedy;
Setting; Socio- economic rights
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Amare, T. (2012). JUSTICIABILITY OF SOCIO-ECONOMIC RIGHTS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
. (Thesis). Addis Ababa University. Retrieved from http://etd.aau.edu.et/dspace/handle/123456789/1457
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Amare, Tesfaye. “JUSTICIABILITY OF SOCIO-ECONOMIC RIGHTS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
.” 2012. Thesis, Addis Ababa University. Accessed December 06, 2019.
http://etd.aau.edu.et/dspace/handle/123456789/1457.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Amare, Tesfaye. “JUSTICIABILITY OF SOCIO-ECONOMIC RIGHTS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
.” 2012. Web. 06 Dec 2019.
Vancouver:
Amare T. JUSTICIABILITY OF SOCIO-ECONOMIC RIGHTS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
. [Internet] [Thesis]. Addis Ababa University; 2012. [cited 2019 Dec 06].
Available from: http://etd.aau.edu.et/dspace/handle/123456789/1457.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Amare T. JUSTICIABILITY OF SOCIO-ECONOMIC RIGHTS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
. [Thesis]. Addis Ababa University; 2012. Available from: http://etd.aau.edu.et/dspace/handle/123456789/1457
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
13.
Lawrence, Rosline.
The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
.
Degree: 2013, University of the Western Cape
URL: http://hdl.handle.net/11394/3014
► The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to “forge new tools” and shape innovative remedies to achieve a goal,…
(more)
▼ The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to “forge new tools” and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative nature. The injustice of apartheid brought about unequal resource distribution in South Africa and this is well documented. The need for innovative remedies to address these injustices has been in demand. The Constitution of the Republic of South Africa has made available, sufficient remedies for the courts to deal with these concerns. However, the courts need to find a creative way of using and applying these remedies. One such remedy, being promoted by this paper is, structural interdicts with a supervisory jurisdiction. This remedy has a process of meaningful engagement attached to it, to ensure all parties reach practical solutions to ongoing
socio-
economic rights violations. The ancillary effect of these types of orders will promote future policies to take into consideration
socio-
economic rights needs of other people in the same position as the applicants. The ongoing supervision of the court will further ensure that government comply with its obligation within reasonable time, and to address ongoing concerns of
socio-
economic rights violation as and when they arise during the process of engagement.
Advisors/Committee Members: Durojaye, Ebenezer (advisor).
Subjects/Keywords: Socio economic rights cases;
South Africa;
Supervisory orders and structural interdicts
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Lawrence, R. (2013). The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
. (Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/3014
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Lawrence, Rosline. “The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
.” 2013. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/3014.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Lawrence, Rosline. “The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
.” 2013. Web. 06 Dec 2019.
Vancouver:
Lawrence R. The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
. [Internet] [Thesis]. University of the Western Cape; 2013. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/3014.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Lawrence R. The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
. [Thesis]. University of the Western Cape; 2013. Available from: http://hdl.handle.net/11394/3014
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
14.
Nyembezi, Nkosikhulule.
An assessment of government early childhood development policy to expand access and improve quality: a case study of Brown's farm, Western Cape.
Degree: 2014, University of the Western Cape
URL: http://hdl.handle.net/11394/4130
► In assessing government ECD policy, this thesis focuses on three areas; access, quality, and costs. The study draws on interviews with key stakeholders working within…
(more)
▼ In assessing government ECD policy, this thesis focuses on three areas; access, quality, and costs. The study draws on interviews with key stakeholders working within the ECD sector generally, and uses survey data from a case study of Brown's Farm area in Cape Town. The research found that, some ten years down the line, ECD provision is still mostly privately provided by the informal sector through community-based facilities. Both formal and informal ECD facilities are unevenly spatially distributed such that they do not yet reach the most vulnerable poor children, especially in rural areas and informal settlements.
Advisors/Committee Members: Piper, Laurence (advisor).
Subjects/Keywords: Early childhood development;
Socio-economic rights;
Policy critique;
Informality;
Government subsidy
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❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Nyembezi, N. (2014). An assessment of government early childhood development policy to expand access and improve quality: a case study of Brown's farm, Western Cape.
(Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/4130
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Nyembezi, Nkosikhulule. “An assessment of government early childhood development policy to expand access and improve quality: a case study of Brown's farm, Western Cape.
” 2014. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/4130.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Nyembezi, Nkosikhulule. “An assessment of government early childhood development policy to expand access and improve quality: a case study of Brown's farm, Western Cape.
” 2014. Web. 06 Dec 2019.
Vancouver:
Nyembezi N. An assessment of government early childhood development policy to expand access and improve quality: a case study of Brown's farm, Western Cape.
[Internet] [Thesis]. University of the Western Cape; 2014. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/4130.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Nyembezi N. An assessment of government early childhood development policy to expand access and improve quality: a case study of Brown's farm, Western Cape.
[Thesis]. University of the Western Cape; 2014. Available from: http://hdl.handle.net/11394/4130
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
North-West University
15.
Prinsloo, Natachia.
The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo
.
Degree: 2014, North-West University
URL: http://hdl.handle.net/10394/15515
► In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right…
(more)
▼ In South Africa teachers are currently allowed to strike. This leads to numerous
problems, as learners are left without an educator and their Constitutional right to basic
education is infringed upon. This has an impact on university acceptance and impairs
the socio-economic growth in the country, especially when taking into account the
history of prejudice as regards education in South Africa. This dissertation considers
whether or not education should be declared as an essential service in terms of the
Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right
to strike. In order to determine whether education should be designated as an essential
service, the right to strike and the right to education as enshrined in the Bill of Rights in
the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed
up against each other. By declaring education as an essential service it will ensure that
the latter right is more adequately realised, in turn having a positive impact on the
development of South Africa. In declaring education an essential service, educators will
not be left without remedy as other remedies (which do not impair the rights of learners)
do indeed exist and will be available to said educators in accordance with relevant
legislation and provisions.
Subjects/Keywords: Right to strike;
Right to education;
Essential services;
Socio-economic rights
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APA ·
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CSE |
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to Zotero / EndNote / Reference
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APA (6th Edition):
Prinsloo, N. (2014). The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo
. (Thesis). North-West University. Retrieved from http://hdl.handle.net/10394/15515
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Prinsloo, Natachia. “The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo
.” 2014. Thesis, North-West University. Accessed December 06, 2019.
http://hdl.handle.net/10394/15515.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Prinsloo, Natachia. “The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo
.” 2014. Web. 06 Dec 2019.
Vancouver:
Prinsloo N. The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo
. [Internet] [Thesis]. North-West University; 2014. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10394/15515.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Prinsloo N. The possibility of declaring education as an essential service in terms of the Labour Relations Act / Natachia Prinsloo
. [Thesis]. North-West University; 2014. Available from: http://hdl.handle.net/10394/15515
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
16.
Ncube, Kukhanya.
The right to water in the constitution and sustainable development in South Africa
.
Degree: 2018, University of the Western Cape
URL: http://hdl.handle.net/11394/6538
► The South African Constitution, 1996 has placed the right to sufficient water as a Constitutional right. The provision of this right by the Constitution intends…
(more)
▼ The South African Constitution, 1996 has placed the right to sufficient water as a
Constitutional right. The provision of this right by the Constitution intends to redress
the violation of human
rights, to ensure that South Africa’s scarce water resources
are protected from pollution and that every South African, including the poor and
the marginalised, enjoys them. Consequently, the Constitution has placed a legal
obligation on the government to realise the right to have access to sufficient
water. In order for the government to fulfil its obligation to provide water as a right
for present and future generations, it will need to implement the relevant
legislation effectively to protect the country’s water resources. This study analyses
Section 27 of the Constitution, which provides for the right to access to water, and
the role of sustainability in conserving and protecting water resources, given the
recurring water challenges.
Advisors/Committee Members: Scholtz, Werner (advisor).
Subjects/Keywords: Right to water;
Equality;
Human dignity;
Socio economic rights;
Water contamination
Record Details
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Record Details
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APA ·
Chicago ·
MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Ncube, K. (2018). The right to water in the constitution and sustainable development in South Africa
. (Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/6538
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Ncube, Kukhanya. “The right to water in the constitution and sustainable development in South Africa
.” 2018. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/6538.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Ncube, Kukhanya. “The right to water in the constitution and sustainable development in South Africa
.” 2018. Web. 06 Dec 2019.
Vancouver:
Ncube K. The right to water in the constitution and sustainable development in South Africa
. [Internet] [Thesis]. University of the Western Cape; 2018. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/6538.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Ncube K. The right to water in the constitution and sustainable development in South Africa
. [Thesis]. University of the Western Cape; 2018. Available from: http://hdl.handle.net/11394/6538
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
17.
Rippenaar, Shéan Jamie.
The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
.
Degree: 2018, University of the Western Cape
URL: http://hdl.handle.net/11394/6828
► Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate…
(more)
▼ Access to adequate housing is an important
socio-
economic right and is of central importance for the enjoyment of all
rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living.
Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.”
The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26.
In considering the report submitted by South Africa, the United Nations Committee on
Economic, Social and Cultural
rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the
rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain
subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time.
An examination of the housing
rights jurisprudence reveals that housing
rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.
Advisors/Committee Members: Le Roux, Wessel (advisor).
Subjects/Keywords: Housing;
International covenant;
Ratification;
Socio-economic rights;
Strategic litigation
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Rippenaar, S. J. (2018). The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
. (Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/6828
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Rippenaar, Shéan Jamie. “The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
.” 2018. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/6828.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Rippenaar, Shéan Jamie. “The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
.” 2018. Web. 06 Dec 2019.
Vancouver:
Rippenaar SJ. The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
. [Internet] [Thesis]. University of the Western Cape; 2018. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/6828.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Rippenaar SJ. The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
. [Thesis]. University of the Western Cape; 2018. Available from: http://hdl.handle.net/11394/6828
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
18.
Mngxekeza, Siyabulela.
Realising the right to the highest attainable standard of health in the nuclear industry
.
Degree: 2019, University of the Western Cape
URL: http://hdl.handle.net/11394/6974
► African states are interested in the development of nuclear power (also referred to as atomic power) for the generation of electricity and desalination. These include…
(more)
▼ African states are interested in the development of nuclear power (also referred to as atomic power) for the generation of electricity and desalination. These include Algeria, Egypt, Ghana, Kenya, Morocco, Namibia, Niger,
Nigeria, Tunisia, South Africa, and Uganda. The nuclear governance in South Africa has adopted principles into its legal system which require it to comply with the objectives of numerous resolutions, conventions, treaties, bilateral and multilateral agreements. Therefore, there is an obligation upon the government through ‘reasonable legislative and other measures’ to manage nuclear matters, such as nuclear accidents, in a manner that protects the general public, atomic industry workers as well as prevents the pollution of the surrounding environment.
It has been seven years since the Fukushima Daiichi Nuclear Power Plant Accident that occurred in Japan on 11 March 2011, when considerable amounts of radioactive material from the damaged plant released into the environment. Health hazards, associated with exposure to low levels of ionising radiation, are a significant concern following such an accident. A nuclear disaster can potentially violate not only the right to health of workers, but that of residents and evacuees alike, particularly pregnant women, older persons, and children. Regional and international human
rights conventions impose obligations on state parties to “take whatever steps necessary to ensure that the right to the highest attainable standard of health is enjoyed by all as soon as possible”. In most cases, when a nuclear accident occurs, workers within the nuclear plant are expected to mitigate emergencies. The danger of this expectation is that it could violate their fundamental human
rights.
Advisors/Committee Members: Durojaye, Ebenezer (advisor).
Subjects/Keywords: Cancer;
Environmental safety;
Nuclear energy;
Radiation;
Socio-economic rights
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APA ·
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MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Mngxekeza, S. (2019). Realising the right to the highest attainable standard of health in the nuclear industry
. (Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/6974
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Mngxekeza, Siyabulela. “Realising the right to the highest attainable standard of health in the nuclear industry
.” 2019. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/6974.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Mngxekeza, Siyabulela. “Realising the right to the highest attainable standard of health in the nuclear industry
.” 2019. Web. 06 Dec 2019.
Vancouver:
Mngxekeza S. Realising the right to the highest attainable standard of health in the nuclear industry
. [Internet] [Thesis]. University of the Western Cape; 2019. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/6974.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Mngxekeza S. Realising the right to the highest attainable standard of health in the nuclear industry
. [Thesis]. University of the Western Cape; 2019. Available from: http://hdl.handle.net/11394/6974
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Stellenbosch University
19.
Amin, Anneth.
A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights.
Degree: LLD, 2017, Stellenbosch University
URL: http://hdl.handle.net/10019.1/102749
► ENGLISH ABSTRACT : Realising socio-economic rights is significant for improving the socio-economic conditions of Africa’s people and ensuring that people have access to socio-economic services…
(more)
▼ ENGLISH ABSTRACT : Realising socio-economic rights is significant for improving the socio-economic
conditions of Africa’s people and ensuring that people have access to socio-economic
services and a dignified life. The African Charter on Human and Peoples’ Rights both
explicitly and implicitly protects a wide range of socio-economic rights. Interpreting these
socio-economic rights in a manner that guarantees their efficacy and improves peoples’
socio-economic conditions is essential on the African Continent. Supervisory organs
have, however, been inconsistent in their interpretive approaches to the socio-economic
rights in the African Charter.
This dissertation investigates the extent to which the teleological approach to
interpretation can assist supervisory organs in interpreting socio-economic rights in a
manner that ensures their efficacy. The study identifies the need to advance a coherent
methodology for the application of the teleological approach. Thereafter, it develops a
methodology that engages a wide range of interpretative tools both within and beyond
the African Charter. This methodology can assist supervisory organs to coherently
elaborate on the African Charter’s object and purpose to generate the meaning, scope,
and content of socio-economic rights and their related obligations.
Advancing socio-economic rights in Africa necessitates a model of review grounded
in the teleological approach to interpretation. Supervisory organs, in particular the
African Commission, have applied various models of review to assess States’
compliance with their socio-economic rights obligations. This dissertation develops the
reasonableness model of review, which incorporates minimum core standards and
proportionality. It is argued that this model can assist supervisory organs in assessing
States’ compliance with their progressive and immediate socio-economic rights
obligations. Furthermore, it can provide a basis for evaluating the justification for
limitations imposed by States’ on socio-economic rights.
Advancing the teleological approach to interpreting the socio-economic rights in the
African Charter can therefore assist supervisory organs to make a meaningful
contribution to protecting socio-economic rights on the African Continent.
AFRIKAANSE OPSOMMING : Die verwesenliking van sosio-ekonomiese regte is belangrik om die sosioekonomiese
welstand van Afrika se mense te verbeter en persone se toegang tot sosioekonomiese
dienste en ‘n waardige lewe te verseker. Die Afrika Handves vir
Menseregte en die Regte van Volkere verleen aan ʼn verskeidenheid sosio-ekonomiese
regte beide eksplisiete en implisiete beskerming. Dit is noodsaaklik om sosioekonomiese
regte op ʼn wyse te interpreteer wat hul doeltreffenheid waarborg en volkere
op die Afrika Vasteland se sosio-ekonomiese omstandighede verbeter. Toesighoudende
organe se uitlegsbenaderings ten opsigte van die sosio-ekonomiese regte in die Afrika
Handves is egter inkonsekwent.
Hierdie proefskrif ondersoek die mate waartoe die…
Advisors/Committee Members: Liebenberg, Sandra, Stellenbosch University. Faculty of Law. Department of Public Law.
Subjects/Keywords: Socio-economic rights – Teleological approach; Right to development; Social rights; African Charter on Human and Peoples' Rights; Civil rights – Africa; UCTD
Record Details
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Amin, A. (2017). A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights. (Thesis). Stellenbosch University. Retrieved from http://hdl.handle.net/10019.1/102749
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Amin, Anneth. “A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights.” 2017. Thesis, Stellenbosch University. Accessed December 06, 2019.
http://hdl.handle.net/10019.1/102749.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Amin, Anneth. “A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights.” 2017. Web. 06 Dec 2019.
Vancouver:
Amin A. A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights. [Internet] [Thesis]. Stellenbosch University; 2017. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10019.1/102749.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Amin A. A teleological approach to the interpretation of socio-economic rights in the African Charter on Human and Peoples’ Rights. [Thesis]. Stellenbosch University; 2017. Available from: http://hdl.handle.net/10019.1/102749
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
20.
Nuwagaba, Edgar.
An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
.
Degree: 2015, University of the Western Cape
URL: http://hdl.handle.net/11394/4837
► This study adopts a comparative approach to analysing the realisation of socioeconomic rights by the African Commission on Human and Peoples’ Rights as compared with…
(more)
▼ This study adopts a comparative approach to analysing the realisation of socioeconomic
rights by the African Commission on Human and Peoples’
Rights as compared with the European Commission and the Inter-American Commission. It examines the different approaches the Commission has adopted in interpreting the socioeconomic
rights provision of the African Charter on Human and Peoples’
Rights with a view to assessing its appropriateness or otherwise. In addition, the study discusses some of the major challenges facing the African Commission which sometimes makes it difficult for the Commission to meet its obligations in realising socioeconomic
rights guaranteed in the Charter. It then compares the approach of the African Commission with other regional human
rights bodies such as the European Courts on Human
Rights and the Intern-American Commission on Human
Rights. It concludes by noting that the African Commission can learn some lessons from the experiences of the European and Inter-American systems on human
rights with regard to the realisation of socioeconomic
rights.
Advisors/Committee Members: Durojaye, Ebenezer (advisor).
Subjects/Keywords: Socio-economic rights;
Interpretation;
African Commission on Human and Peoples' Rights;
African Charter on Human and People's Rights
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Nuwagaba, E. (2015). An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
. (Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/4837
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Nuwagaba, Edgar. “An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
.” 2015. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/4837.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Nuwagaba, Edgar. “An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
.” 2015. Web. 06 Dec 2019.
Vancouver:
Nuwagaba E. An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
. [Internet] [Thesis]. University of the Western Cape; 2015. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/4837.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Nuwagaba E. An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems
. [Thesis]. University of the Western Cape; 2015. Available from: http://hdl.handle.net/11394/4837
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of the Western Cape
21.
Orago, Nicholas Wasonga.
Poverty, inequality and socio-economic rights: a theoretical framework for the realisation of socio-economic rights in the 2010 Kenyan Constitution
.
Degree: 2013, University of the Western Cape
URL: http://hdl.handle.net/11394/2174
► Poverty and inequality are deeply entrenched in Kenya, with the country being one of the mostunequal countries in the world. To eradicate poverty and inequality,…
(more)
▼ Poverty and inequality are deeply entrenched in Kenya, with the country being one of the mostunequal countries in the world. To eradicate poverty and inequality, enhance the achievement ofsocial justice, fast-track human development, as well as to entrench participatory democracy and a culture of justification in governance, Kenya has, for the first time, entrenched justiciable
socio-
economic rights (SERs) in its 2010 Constitution. In this thesis, I undertake a criticalanalysis of the prospects for the implementation and enforcement of the entrenched SERs as well as the probable challenges that Kenya may face in their realisation. In this endeavour, the thesis develops a theoretical and interpretive approach for the realisation of these entrenched
SERs. It entails an expansive analysis of the nature, scope, content and extent of the SERs entrenched in the 2010 Kenyan Constitution, and especially the place of international human
rights obligations contained in customs and ratified international human
rights treaties due to the provisions of the 2010 Constitution which espouse the direct application of international law in
Kenya’s domestic legal system. It is submitted in this thesis that in order to improve the
socio-
economic conditions of the poor, vulnerable and marginalised groups in Kenya, there is a need for their
socio-
economic as well as political empowerment to enable them to effectively take part in societal decision-making in both the public and private spheres with regard to resource (re)distribution. The theory of dialogical constitutionalism, based on the constitutionally entrenched principle of popular participation in governance and public decision-making, is aimed at the realisation of both political and
socio-
economic empowerment of these groups. Even though the theory of
dialogical constitutionalism underscores the importance of litigation in the achievement of the transformative aspirations of the 2010 Kenyan Constitution contained in the entrenched SERs, it acknowledges that litigation is not the panacea of SER enforcement, and that other political and advocacy strategies play an important role in the emancipation of the
socio-economically
deprived groups in society. The thesis thus advocates a multi-pronged strategy which espouses the equal participation of all sectors of society in a collaborative and cooperative deliberative effort aimed at the full realisation of the entrenched SERs. To accompany the above theoretical framework for the interpretation and
implementation of the entrenched SERs, the thesis further proposes a transformative and integrated approach which combines the progressive aspects of the minimum core approach and the reasonableness approach. This is an approach of purposive interpretion which, in the first instance, envisages the courts undertaking a strict and searching scrutiny of the SER
implementation framework developed by the political institutions of the State to ensure that sufficient provision has been made for the basic necessities of the most poor and…
Advisors/Committee Members: de Ville, Jacques (advisor), Viljoen, Frans (advisor).
Subjects/Keywords: Poverty and inequality;
Social justice;
2010 Kenyan Constitution;
Justiciability;
Purposive interpretation;
Socio-economic rights;
Progressive realisation;
Minimum core content of socio-economic rights;
Dialogical constitutionalism;
Participation
Record Details
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Orago, N. W. (2013). Poverty, inequality and socio-economic rights: a theoretical framework for the realisation of socio-economic rights in the 2010 Kenyan Constitution
. (Thesis). University of the Western Cape. Retrieved from http://hdl.handle.net/11394/2174
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Orago, Nicholas Wasonga. “Poverty, inequality and socio-economic rights: a theoretical framework for the realisation of socio-economic rights in the 2010 Kenyan Constitution
.” 2013. Thesis, University of the Western Cape. Accessed December 06, 2019.
http://hdl.handle.net/11394/2174.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Orago, Nicholas Wasonga. “Poverty, inequality and socio-economic rights: a theoretical framework for the realisation of socio-economic rights in the 2010 Kenyan Constitution
.” 2013. Web. 06 Dec 2019.
Vancouver:
Orago NW. Poverty, inequality and socio-economic rights: a theoretical framework for the realisation of socio-economic rights in the 2010 Kenyan Constitution
. [Internet] [Thesis]. University of the Western Cape; 2013. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/11394/2174.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Orago NW. Poverty, inequality and socio-economic rights: a theoretical framework for the realisation of socio-economic rights in the 2010 Kenyan Constitution
. [Thesis]. University of the Western Cape; 2013. Available from: http://hdl.handle.net/11394/2174
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
22.
Warren Dewald Johannes.
The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape.
Degree: M. Arts, Human Rights, 2013, University of Fort Hare
URL: http://contentpro.seals.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1016406
► In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not subject to ‘reasonable legislative and…
(more)
▼ In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not
subject to ‘reasonable legislative and other measures, available resources and progressive realisation.’ The right to basic, compulsory education is widely regarded as a fundamental human right. For example, this right is included in a number of international human
rights treaties such as the ‘Universal Declaration of Human Rights’, the ‘International Covenant on
Economic, Social and Cultural
Rights,’ the ‘African Charter on the
Rights and Welfare of the Child’, the ‘Convention on the
Rights of the Child’, the ‘Dakar Framework for Action: Education for All’, and ‘UNESCO Convention against Discrimination in Education’. The South African Constitution, however, does not clarify the content and scope of the right to basic education. Consequently, the Constitution has given the state wide discretion to determine the scope, nature and content of this basic right.
Apartheid left the South African education system fragmented and unequal. The South African educational system has gone through numerous curricula and institutional changes. The changes in the curriculum were part of the transformation process of the South African education system. In addition, the state has allocated substantial public funds towards basic education. However, the investment in basic education does not commensurate with the quality of teaching and learning in poor and marginalised schools. For example, several rural and farm schools in the Eastern Cape lacked toilet facilities; textbooks and other education support material; furniture; and other essential necessities. Education loses its transformative power when poor and marginalised schools continue to lack these essential services. Consequently, inequality is perpetuated and the poor and marginalised are unable to compete meaningfully in the social,
economic and political life of South Africa. The mini dissertation concludes by recommending that the Department of Basic Education should ensure that all schools, especially those in rural communities and farms, have access to textbooks, qualified teachers, clean water and toilet facilities and other essential necessities needed for the delivery of quality basic education.
Advisors/Committee Members: Prof. N.S. Rembe.
Subjects/Keywords: Rights to education – socio-economic rights.; Children rights – Bill of Rights.; Inequality and marginalisation.; Children’s Rights – Eastern Cape; Department of Basic Education – Transformation.
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APA (6th Edition):
Johannes, W. D. (2013). The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape. (Masters Thesis). University of Fort Hare. Retrieved from http://contentpro.seals.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1016406
Chicago Manual of Style (16th Edition):
Johannes, Warren Dewald. “The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape.” 2013. Masters Thesis, University of Fort Hare. Accessed December 06, 2019.
http://contentpro.seals.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1016406.
MLA Handbook (7th Edition):
Johannes, Warren Dewald. “The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape.” 2013. Web. 06 Dec 2019.
Vancouver:
Johannes WD. The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape. [Internet] [Masters thesis]. University of Fort Hare; 2013. [cited 2019 Dec 06].
Available from: http://contentpro.seals.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1016406.
Council of Science Editors:
Johannes WD. The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape. [Masters Thesis]. University of Fort Hare; 2013. Available from: http://contentpro.seals.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1016406
North-West University
23.
Gebreamanuel, Abreham Behailu.
The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel
.
Degree: 2014, North-West University
URL: http://hdl.handle.net/10394/13077
► This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit,…
(more)
▼ This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights.
Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children.
The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground.
Subjects/Keywords: Children;
Domestication;
Dualist;
Implementation;
Incorporation;
Monist;
Publication;
Recognition;
Socio-economic rights;
Translation
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MLA ·
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APA (6th Edition):
Gebreamanuel, A. B. (2014). The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel
. (Thesis). North-West University. Retrieved from http://hdl.handle.net/10394/13077
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Gebreamanuel, Abreham Behailu. “The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel
.” 2014. Thesis, North-West University. Accessed December 06, 2019.
http://hdl.handle.net/10394/13077.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Gebreamanuel, Abreham Behailu. “The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel
.” 2014. Web. 06 Dec 2019.
Vancouver:
Gebreamanuel AB. The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel
. [Internet] [Thesis]. North-West University; 2014. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10394/13077.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Gebreamanuel AB. The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu Gebreamanuel
. [Thesis]. North-West University; 2014. Available from: http://hdl.handle.net/10394/13077
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of South Africa
24.
Maponya, Sekolo Hendrick.
An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education management
.
Degree: 2010, University of South Africa
URL: http://hdl.handle.net/10500/3578
► An investigation of learners’ enrolment in Bela-Bela farm schools is a study focused on the challenges encountered by farm schools. These challenges result in the…
(more)
▼ An investigation of learners’ enrolment in Bela-Bela farm schools is a study focused on the challenges encountered by farm schools. These challenges result in the decline of learners’ enrolment. The researcher has put more emphasis on the history of farm schools, legislation and policy, and
socio-
economic conditions of farm societies. The research method is qualitative in nature and it includes literature study, observations and semi-structured interviews.
It has been discovered from the data that families working on the farms migrate a lot, and this result in decline of learners’ enrolment in farm schools. Based on the findings, recommendations were made for improvements to assist in addressing problems faced by farm schools.
Advisors/Committee Members: Maseko, Jabulani Solomon (advisor).
Subjects/Keywords: Farm schools;
Multi-grade classes;
Bill of rights;
Socio-economic conditions;
Qualitative research;
Teenage pregnancy
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APA (6th Edition):
Maponya, S. H. (2010). An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education management
. (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/3578
Chicago Manual of Style (16th Edition):
Maponya, Sekolo Hendrick. “An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education management
.” 2010. Masters Thesis, University of South Africa. Accessed December 06, 2019.
http://hdl.handle.net/10500/3578.
MLA Handbook (7th Edition):
Maponya, Sekolo Hendrick. “An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education management
.” 2010. Web. 06 Dec 2019.
Vancouver:
Maponya SH. An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education management
. [Internet] [Masters thesis]. University of South Africa; 2010. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10500/3578.
Council of Science Editors:
Maponya SH. An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education management
. [Masters Thesis]. University of South Africa; 2010. Available from: http://hdl.handle.net/10500/3578
University of South Africa
25.
Moabelo, Kgorohlo Micro.
Inconsistency in judicial decisions : the right to life in perspective
.
Degree: 2014, University of South Africa
URL: http://hdl.handle.net/10500/18631
► The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as…
(more)
▼ The dissertation critically examines and compares the decisions of the
Constitutional Court and the High Courts in cases dealing with the right to life, as
contained in section 11 of the Constitution of South Africa Act 108 of 1996. The
dissertation analysis the issues of adjudication and the concept of justice in
perspective. The main question is as follows: Are the Constitutional Court
decisions objective, based on the interpretation of the constitutional text, or do they
rather reflect the individual judge(s) personal perspective(s) or preference(s).
The purpose of this dissertation is to undertake a comparative study and analysis
of the Constitutional Court decisions on the right to life, same aspect from different
perspective, and show that the right to life is not given proper effect to on account
of the subjective approach to its interpretation undertaken by the judges.
It examines and scrutinises the Constitutional Court’s adjudication process. It found
that the law is indeterminable, because the court’s decisions are not based on the
interpretation of the law, but on the individual judges’ background and personal
preferences. This is so because the court uses the majority rule principle in its
decisions: The perception of the majority of the judges becomes a decision of the
court. It is argued that when taking a decision a judge does not apply the law but
instead uses the law to justify his predetermined decision on the matter. The
conclusion supports the critical legal scholars’ theory relating to the indeterminacy
of the law. It tests the objectivity of the judges using their own previous decisions.
Advisors/Committee Members: Finney, Polina (advisor).
Subjects/Keywords: Life;
Euthanasia;
Death Penalty;
Socio-Economic Rights;
Indeterminacy;
Abortion;
Health Care;
Justice;
Adjudication;
Judicial Decisions
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Moabelo, K. M. (2014). Inconsistency in judicial decisions : the right to life in perspective
. (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/18631
Chicago Manual of Style (16th Edition):
Moabelo, Kgorohlo Micro. “Inconsistency in judicial decisions : the right to life in perspective
.” 2014. Masters Thesis, University of South Africa. Accessed December 06, 2019.
http://hdl.handle.net/10500/18631.
MLA Handbook (7th Edition):
Moabelo, Kgorohlo Micro. “Inconsistency in judicial decisions : the right to life in perspective
.” 2014. Web. 06 Dec 2019.
Vancouver:
Moabelo KM. Inconsistency in judicial decisions : the right to life in perspective
. [Internet] [Masters thesis]. University of South Africa; 2014. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10500/18631.
Council of Science Editors:
Moabelo KM. Inconsistency in judicial decisions : the right to life in perspective
. [Masters Thesis]. University of South Africa; 2014. Available from: http://hdl.handle.net/10500/18631
University of Pretoria
26.
Ngang, Carol Chi.
Socio-economic rights litigation : a potential strategy in the
struggle for social justice in South Africa.
Degree: Public Law, 2013, University of Pretoria
URL: http://hdl.handle.net/2263/40614
► In this study I investigate how and to what extent socio-economic rights litigation can be used as a pragmatic strategy in the struggle for social…
(more)
▼ In this study I investigate how and to what extent
socio-
economic rights litigation can be used as a pragmatic
strategy in the struggle for social justice in South Africa. In
response to arguments that litigation lacks potential to change the
socio-
economic conditions that poor people often contest, I examine
its potential to create social transformation. My analysis is
premised on the fact that the constitutional project promises to
construct South African society among others on the pillar of
social justice, where the potential of every individual to enjoy
improved quality of life is guaranteed. However, I illustrate how
apartheid legacy and the neo-liberal politics of the post-apartheid
government have conspired to keep the poor in perpetual
deprivation. While much has been achieved in terms of the provision
of basic services, millions of South Africans continue to battle
with escalating poverty, deprivation and inequalities in resource
redistribution. Consequently, a number of academic commentaries on
the post-apartheid experience have expressed uncertainty that the
constitutional experiment will result in improve livelihood.
In
interrogating this claim I construct a theoretical analysis, from a
socio-legal point of view, in which I explain the concept of
socio-
economic rights litigation. I examine the instrumental role
of civil society, including the activism of social movements in
converting political demands into legal claims framed in the
language of
socio-
economic rights. I explain how recourse is had to
the courts to challenge political conduct, to contest the
unconstitutionality of state policies and to demand the fulfillment
of political promises with the aim to achieve redistributive
justice. In examining the context within which
socio-
economic
rights litigation applies I identify three phases in its
trajectory, which include a period of contestation, a first decade
and a second decade of litigation. These phases illustrate
significant trends that have developed in
socio-
economic rights
litigation over the years. Thus I argue that
socio-
economic rights
litigation has potential to engineer social transformation but that
potential has not adequately been explored. Given the magnitude of
socio-
economic challenges that need to be redressed, I further
argue that
socio-
economic rights litigation needs to be developed
as a pragmatic strategy in the struggle to achieve social justice.
To substantiate this argument I analyse the decisions of the
Constitutional Court in Mazibuko, Modderklip, Abahlali baseMjondolo
and Schubart Park to illustrate the practical dimensions how and to
what extent litigating
socio-
economic rights has contributed to
social transformation. Based on the analysis of the judgments, I
identify certain determining and necessitating factors that either
cause litigation to happen or facilitate the process. I then
further examine some challenges and constraints that inhibit the
potential of litigation with the aim to point out flaws that need
to be overcome when planning future…
Advisors/Committee Members: Brand, Danie (Jacobus Frederick Daniel, 1968- ) (advisor).
Subjects/Keywords: Socio-economic rights;
Litigation; Struggle
for social justice; Justice in
South Africa;
UCTD
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APA ·
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MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Ngang, C. C. (2013). Socio-economic rights litigation : a potential strategy in the
struggle for social justice in South Africa. (Masters Thesis). University of Pretoria. Retrieved from http://hdl.handle.net/2263/40614
Chicago Manual of Style (16th Edition):
Ngang, Carol Chi. “Socio-economic rights litigation : a potential strategy in the
struggle for social justice in South Africa.” 2013. Masters Thesis, University of Pretoria. Accessed December 06, 2019.
http://hdl.handle.net/2263/40614.
MLA Handbook (7th Edition):
Ngang, Carol Chi. “Socio-economic rights litigation : a potential strategy in the
struggle for social justice in South Africa.” 2013. Web. 06 Dec 2019.
Vancouver:
Ngang CC. Socio-economic rights litigation : a potential strategy in the
struggle for social justice in South Africa. [Internet] [Masters thesis]. University of Pretoria; 2013. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/2263/40614.
Council of Science Editors:
Ngang CC. Socio-economic rights litigation : a potential strategy in the
struggle for social justice in South Africa. [Masters Thesis]. University of Pretoria; 2013. Available from: http://hdl.handle.net/2263/40614
University of Oxford
27.
Milatovic, Sinisa.
The role of international law in establishing corporate accountability through codes of conduct.
Degree: PhD, 2015, University of Oxford
URL: http://ora.ox.ac.uk/objects/uuid:c9de550d-5260-4c86-afed-ca0ecbef338d
;
https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667023
► The thesis answers the following research question: what is the extent of the influence of international law on the construction and application of corporate codes…
(more)
▼ The thesis answers the following research question: what is the extent of the influence of international law on the construction and application of corporate codes of conduct, what factors determine this influence and through which processes does it occur? The thesis uses a mix of methods: a content analysis study, used to measure the extent to which codes of conduct incorporate international labour standards and the degree to which they have changed over time in this respect; legal research on whether corporations can be liable for violating their codes and how this risk factors in the drafting of codes; and case studies of fifteen retailer corporations, which examine how their codes were created and how they are being applied. The study's findings show there is an influence of international law on the construction and, to a far smaller degree, on the application of codes. The creation and application of codes is a politicised and contested process and codes are based on international law principally due to the pressure exerted by trade unions and NGOs, but also due to reputational risk, commercial pressure and mimicry by corporations. This influence has been selective, with corporations applying provisions in their codes that protect the rights carrying the biggest reputational risks. These findings show the flaws in the current international framework for corporate accountability, which is based on self-regulation through codes and audits. They also raise issue of whether changes, such as a binding international treaty or the creation of more collaborative and inclusive programmes to oversee the application of codes, may be required in order to ensure wider respect for labour rights of workers.
Subjects/Keywords: 346; Human rights; Socio-legal studies; Comparative Law; Contract,restitution,tort; Global economic governance; Corporate accountability; labour rights; governance
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APA ·
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Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Milatovic, S. (2015). The role of international law in establishing corporate accountability through codes of conduct. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:c9de550d-5260-4c86-afed-ca0ecbef338d ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667023
Chicago Manual of Style (16th Edition):
Milatovic, Sinisa. “The role of international law in establishing corporate accountability through codes of conduct.” 2015. Doctoral Dissertation, University of Oxford. Accessed December 06, 2019.
http://ora.ox.ac.uk/objects/uuid:c9de550d-5260-4c86-afed-ca0ecbef338d ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667023.
MLA Handbook (7th Edition):
Milatovic, Sinisa. “The role of international law in establishing corporate accountability through codes of conduct.” 2015. Web. 06 Dec 2019.
Vancouver:
Milatovic S. The role of international law in establishing corporate accountability through codes of conduct. [Internet] [Doctoral dissertation]. University of Oxford; 2015. [cited 2019 Dec 06].
Available from: http://ora.ox.ac.uk/objects/uuid:c9de550d-5260-4c86-afed-ca0ecbef338d ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667023.
Council of Science Editors:
Milatovic S. The role of international law in establishing corporate accountability through codes of conduct. [Doctoral Dissertation]. University of Oxford; 2015. Available from: http://ora.ox.ac.uk/objects/uuid:c9de550d-5260-4c86-afed-ca0ecbef338d ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.667023
North-West University
28.
Zwemstra, Heinrich Martin.
Die roeping van die kerk ten opsigte van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese studie / Heinrich Martin Zwemstra
.
Degree: 2007, North-West University
URL: http://hdl.handle.net/10394/1410
► In 1996, socio-economic rights were included in the Constitution of South Africa as fundamental human rights. The state is thus compelled to give attention to…
(more)
▼ In 1996, socio-economic rights were included in the Constitution of South Africa as fundamental
human rights. The state is thus compelled to give attention to the protection of people's socioeconomic
rights. The question is: Is it the duty of the state alone, or does the church also have a
calling with regard to socio-economic rights?
In this study, the calling of the church with regard to the protection of socio-economic rights in
South Africa is researched. Firstly, socio-economic rights as ethical principle are evaluated in the
light of the Scripture. The conclusion is that socio-economic rights are important human rights
that can be grounded as fundamental human rights.
Thereafter, the history of the origin of socio-economic rights is researched and evaluated. In the
history of socio-economic rights, it is grounded in the natural dignity of a human being.
However, the Bible teaches that God gave people dignity.
The history of socio-economic rights in South Africa is also researched and evaluated. South
Africa has a long history of colonialism, segregation and apartheid, and the church has not always
been an effective advocate for socio-economic rights.
To understand the calling of the church with regard to socio-economic rights, the calling of the
church in society is researched. Views of different church and theological traditions are
researched and evaluated. The reformed view focuses on the kingdom of God, and the calling of
the church with regard to socio-economic rights is described as worship, fellowship, testimony
and service.
In conclusion, concrete guidelines of how to be an advocate for socio-economic rights are given
to the church.
Subjects/Keywords: Calling;
Church;
Human rights;
Socio-economic rights;
South Africa
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APA ·
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MLA ·
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CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Zwemstra, H. M. (2007). Die roeping van die kerk ten opsigte van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese studie / Heinrich Martin Zwemstra
. (Thesis). North-West University. Retrieved from http://hdl.handle.net/10394/1410
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Zwemstra, Heinrich Martin. “Die roeping van die kerk ten opsigte van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese studie / Heinrich Martin Zwemstra
.” 2007. Thesis, North-West University. Accessed December 06, 2019.
http://hdl.handle.net/10394/1410.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Zwemstra, Heinrich Martin. “Die roeping van die kerk ten opsigte van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese studie / Heinrich Martin Zwemstra
.” 2007. Web. 06 Dec 2019.
Vancouver:
Zwemstra HM. Die roeping van die kerk ten opsigte van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese studie / Heinrich Martin Zwemstra
. [Internet] [Thesis]. North-West University; 2007. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10394/1410.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Zwemstra HM. Die roeping van die kerk ten opsigte van sosio-ekonomiese regte in Suid-Afrika : 'n teologies-etiese studie / Heinrich Martin Zwemstra
. [Thesis]. North-West University; 2007. Available from: http://hdl.handle.net/10394/1410
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of South Africa
29.
Mubanga, Christopher Kapangalwendo.
Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law.
Degree: 2017, University of South Africa
URL: http://hdl.handle.net/10500/23205
► Eritrean refugees are compelled to flee their country mainly to avoid forced conscription into indefinite military service, arbitrary arrest and detention for prolonged periods without…
(more)
▼ Eritrean refugees are compelled to flee their country mainly to avoid forced conscription into indefinite military service, arbitrary arrest and detention for prolonged periods without trial. The majority of Eritrean refugees are young people, who leave their country in search of a better life and sources of livelihoods. The mass migration of Eritrean refugees has started to have adverse effects on the country’s
socio-
economic landscape. The main destination and country of refuge for the majority of Eritrean refugees is Ethiopia. Although no serious violations of human
rights have been reported among Eritrean refugees living in Ethiopia, it a well-known fact that the Ethiopian Government has not fully extended the internationally accepted
rights of those who have been forced to flee their own states, to refugees. For example, freedom of movement for refugees is restricted, which is obviously compounded by the encampment policy, which requires that
all refugees should be confined to designated refugee camps. This situation seriously undermines the UNHCR’s efforts to enhance refugees’ self-reliance, independence, and chances of local integration. There has not been much research undertaken regarding the Ethiopian Government’s legal framework on refugees and its impact on the protection of the
rights of refugees. In 2014, Ethiopia hosted the largest number of refugees in Africa. This phenomenon was largely attributed to the Ethiopian Government’s ‘open door’ policy towards refugees. The present study is an attempt to critically examine Ethiopian refugee law and determine the extent to which the national laws protect the
rights of refugees. Although the study is limited in scope to the situation of Eritrean refugees, the principles and standards of treatment discussed apply to all refugees living in Ethiopia.
Advisors/Committee Members: Stone, Lee (advisor).
Subjects/Keywords: International refugee law; Refugee; Prima-facie refugee status; Non-refoulement; Domestication of treaties; Reservations; Human rights; Socio-economic rights; Durable solutions
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APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Mubanga, C. K. (2017). Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law. (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/23205
Chicago Manual of Style (16th Edition):
Mubanga, Christopher Kapangalwendo. “Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law.” 2017. Masters Thesis, University of South Africa. Accessed December 06, 2019.
http://hdl.handle.net/10500/23205.
MLA Handbook (7th Edition):
Mubanga, Christopher Kapangalwendo. “Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law.” 2017. Web. 06 Dec 2019.
Vancouver:
Mubanga CK. Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law. [Internet] [Masters thesis]. University of South Africa; 2017. [cited 2019 Dec 06].
Available from: http://hdl.handle.net/10500/23205.
Council of Science Editors:
Mubanga CK. Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law. [Masters Thesis]. University of South Africa; 2017. Available from: http://hdl.handle.net/10500/23205
Universiteit Utrecht
30.
Rom Colthoff, J.K.
Evaluation of socio-economic sustainability indicators at Jatropha projects.
Degree: 2013, Universiteit Utrecht
URL: http://dspace.library.uu.nl:8080/handle/1874/276585
► Biofuels are a possible solution to increase the worldwide energy source diversification in renewable energy of which Jatropha has been marked as a high potential…
(more)
▼ Biofuels are a possible solution to increase the worldwide energy source diversification in renewable energy of which Jatropha has been marked as a high potential crop. Recently concerns have arisen about the sustainability of the biofuel production process. Therefore there has been a stronger focus on the development of sustainability certification schemes, that can be used to determine and guarantee the sustainability of a biofuel project. The objective of this research is to contribute to the further development of sustainability certification schemes and to determine what indicators can be used for this. Within sustainability certification schemes there is a focus on the
socio-
economic areas of concern. First, a literature review was conducted to determine the areas of concern to be included. The areas of concern that are included are food security, land
rights, rural and social development, labour
rights and
economic feasibility. These areas of concern have been specified into criteria, indicators and data requirements, which have been put into a data format. During field work in Mozambique the data format was applied to evaluate the sustainability of the projects, but most importantly the practicability and accuracy of the indicators. During the field work 6 Jatropha projects were involved in this research and visited throughout Mozambique. The results of the sustainability of the projects showed that there were no major issues concerning food security, land
rights, rural and social development and labour
rights. The most concerns were regarding
economic feasibility. The still limited knowledge on Jatropha cultivation causes the performance to be below expectations, which causes difficulties for financial projections. The assessment of the indicators’ practicability and accuracy was precarious. Some indicators show good results and could be implemented, especially indicators aimed for individual projects. Indicators aimed for national or regional data are more difficult to implement, partly because of the immature stage of the Jatropha industry currently in Mozambique, and should now be revised or altered.
Advisors/Committee Members: van Eijck, J.A.J., Faaij, A.P.C., Verweij, P.A..
Subjects/Keywords: Geowetenschappen; Jatropha, Mozambique, sustainability, biofuels, certification, socio-economic, indicators, renewable, food security, land rights, economic feasbility, rural development, labour conditions
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APA (6th Edition):
Rom Colthoff, J. K. (2013). Evaluation of socio-economic sustainability indicators at Jatropha projects. (Masters Thesis). Universiteit Utrecht. Retrieved from http://dspace.library.uu.nl:8080/handle/1874/276585
Chicago Manual of Style (16th Edition):
Rom Colthoff, J K. “Evaluation of socio-economic sustainability indicators at Jatropha projects.” 2013. Masters Thesis, Universiteit Utrecht. Accessed December 06, 2019.
http://dspace.library.uu.nl:8080/handle/1874/276585.
MLA Handbook (7th Edition):
Rom Colthoff, J K. “Evaluation of socio-economic sustainability indicators at Jatropha projects.” 2013. Web. 06 Dec 2019.
Vancouver:
Rom Colthoff JK. Evaluation of socio-economic sustainability indicators at Jatropha projects. [Internet] [Masters thesis]. Universiteit Utrecht; 2013. [cited 2019 Dec 06].
Available from: http://dspace.library.uu.nl:8080/handle/1874/276585.
Council of Science Editors:
Rom Colthoff JK. Evaluation of socio-economic sustainability indicators at Jatropha projects. [Masters Thesis]. Universiteit Utrecht; 2013. Available from: http://dspace.library.uu.nl:8080/handle/1874/276585
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