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- ESR Review : Economic and Social Rights in South Africa
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- Volume 11, Issue 1, 2010
ESR Review : Economic and Social Rights in South Africa - Volume 11, Issue 1, 2010
Volume 11, Issue 1, 2010
Source: ESR Review : Economic and Social Rights in South Africa 11 (2010)More Less
The first half of this year has seen positive developments in the area of socio-economic rights. At the international level, a positive development has been in the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR), with Ecuador and Mongolia becoming the first countries to ratify the instrument.
Promoting socio-economic rights in South Africa through the ratification and implementation of the ICESCR and its Optional Protocol : featureSource: ESR Review : Economic and Social Rights in South Africa 11, pp 3 –6 (2010)More Less
The effective implementation of socio-economic rights not only requires the recognition of these rights as justiciable or enforceable rights and the development and implementation of policies to give effect to them at the national level. It also necessitates the ratification and implementation of international treaties. This underlines the need to consider the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR), and its Optional Protocol, 2008 (OP-ICESCR), in augmenting domestic efforts. The United Nations (UN) Committee on the Rights of the Child, for instance, has stated that the ratification of the ICESCR would strengthen the efforts of South Africa to meet its obligations in guaranteeing the rights of all children under its jurisdiction (Concluding observations on the initial report of South Africa, UN doc. CRC/C/15/Add.122, para 11).
Reaffirming the social security rights of children in South Africa with particular reference to the child support grant : featureAuthor Gladys Mirugi-MukundiSource: ESR Review : Economic and Social Rights in South Africa 11, pp 7 –9 (2010)More Less
While South Africa has one of the most progressive constitutions in the world, the realisation of socio-economic rights remains a mirage for the majority of its population. Widespread poverty and unemployment present significant challenges to the capacity of families to care for their children. Historical inequalities in education, health care and basic infrastructure have contributed to poor service delivery to children and aggravated the vulnerability of children from poor families.
Source: ESR Review : Economic and Social Rights in South Africa 11, pp 9 –11 (2010)More Less
On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be unconstitutional to the extent that it discriminated against people occupying privately owned land. The Court's order will compel the City to reassess its housing programme in accordance with its constitutional obligations.
Source: ESR Review : Economic and Social Rights in South Africa 11, pp 12 –13 (2010)More Less
On 17 March 2010, the North Gauteng High Court finally handed down judgment in the Christian Roberts case, which the Court had heard on 11 and 12 September 2007. It concerns a constitutional challenge to section 10 of the Social Assistance Act 13 of 2004 and the relevant regulations, which set the age for accessing the old age grant at 60 for women and 65 for men.
Roundtable discussion on meaningful engagement in the realisation of socio-economic rights : conference reviewAuthor Genevieve MannelSource: ESR Review : Economic and Social Rights in South Africa 11, pp 15 –16 (2010)More Less
On 4 March 2010, the Socio-Economic Rights Project of the Community Law Centre (CLC), University of the Western Cape, and the Socio-Economic Rights Institute of South Africa (SERI) hosted a Roundtable Discussion on Meaningful Engagement in the Realisation of Socio-Economic Rights. Meaningful engagement is an innovative mechanism for realising socio-economic rights and is central to their enforcement. It is important to promote it, especially as it recognises the core importance of fostering public participation in policy development and implementation.
Socio-economic rights adjudication under a transformative constitution, Sandra Liebenberg : new publicationSource: ESR Review : Economic and Social Rights in South Africa 11 (2010)More Less