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- ESR Review : Economic and Social Rights in South Africa
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- Volume 4, Issue 2, 2003
ESR Review : Economic and Social Rights in South Africa - Volume 4, Issue 2, 2003
Volume 4, Issue 2, 2003
Author Sibonile KhozaSource: ESR Review : Economic and Social Rights in South Africa 4 (2003)More Less
Extracted from text ... Editorial by Sibonile Khoza We are pleased to present the second edition of ESR Review for 2003. This edition features recent legislative developments relating to children's socio-economic rights in South Africa. During the last nine years, South Africa has shown commitment to protecting children's rights in several ways. Key to these was its ratification of the UN Convention on the Rights of the Child in 1995 and the adoption of the 1996 Constitution, which includes special protection for children in section 28. Recently, the country has shown its intention to give legal effect to these commitments through the proposed ..
Promoting children's socio-economic rights through law reform - the proposed Children's Bill : children's socio-economic rightsAuthor Julia Sloth-NielsenSource: ESR Review : Economic and Social Rights in South Africa 4, pp 2 –4 (2003)More Less
Extracted from text ... Promoting children's socio-economic rights through law reform - The proposed Children's Bill Julia Sloth-Nielsen The constitutional protection of children's rights in section 28 of the 1996 Constitution and South Africa's ratification of the UN Convention on the Rights of the Child have provided the impetus for redrafting legislation affecting children, to give effect to constitutional and international law commitments. In 1997, the South African Law Commission (the Commission) was mandated to investigate and review the Child Care Act, 74 of 1983, and to make recommendations to the Minister of Social Development on its reform. Consequently, after a six-year period ..
The Children's Bill - a suitable vehicle for children's comprehensive social security rights : social securityAuthor Patricia MartinSource: ESR Review : Economic and Social Rights in South Africa 4, pp 5 –7 (2003)More Less
Extracted from text ... The Children's Bill - A suitable vehicle for children's comprehensive social security rights by Patricia Martin South Africa has taken a bold step to giving legal effect to children's rights in a comprehensive manner. The draft Children's Bill (the Bill), originally meant to replace the Child Care Act of 1983, is a holistic piece of legislation that incorporates a host of wide-ranging laws relating to children. It includes a network of provisions on, among other things, parental rights and responsibilities, children in especially difficult circumstances, prevention and early intervention, and social security for children. Of particular note is that ..
Author Marian JacobsSource: ESR Review : Economic and Social Rights in South Africa 4, pp 7 –9 (2003)More Less
Extracted from text ... Children's health and the law by Marian Jacobs The health of the South African population, as in many other countries, is governed and protected by a wide spectrum of legislation. This ranges from the Health Act of 1977 (currently being revised as the National Health Bill) to those laws related to certain aspects of risk to health, such as the Hazardous Substances Act of 1973. Protecting and promoting the health of children is also subject to the same laws. In addition to these general laws, children's health is also protected in child-specific legislation, namely the Child Care Act of ..
Towards effective access to education for children : the need for a comprehensive review : educationSource: ESR Review : Economic and Social Rights in South Africa 4, pp 9 –11 (2003)More Less
Extracted from text ... Towards effective access to education for children: The need for a comprehensive review by Faranaaz Veriava The proposed Children's Bill (the Bill) provides a promising outline of the right to education. Section 21 of the Bill attempts to define South Africa's obligations in respect of education under international law, one of the Bill's objectives being giving effect to the country's obligations concerning the well-being of children in terms of binding international instruments. The Bill also elaborates on the specific entitlements that make up the right to education under section 29 of the 1996 Constitution, and explicitly states that children's ..
Enforcing the current laws on school fees : Sorsa and Sorsa v Simonstown School Magistrates Court, Case 2759/02, 29 May 2003 : case lawSource: ESR Review : Economic and Social Rights in South Africa 4, pp 11 –14 (2003)More Less
Extracted from text ... Enforcing the current laws on school fees Sorsa and Sorsa v Simonstown SchoolMagistrates Court, Case 2759/02, 29 May 2003 by Faranaaz Veriava There is an emerging scholarly debate on whether or not charging school fees is constitutional in terms of the Bill of Rights. Further, if it is unconstitutional, would a challenge to the state policy of allowing schools to charge fees be more likely to succeed as a violation of the right to equality (section 9) or the right to basic education (section 29(1)(a))? While constitutional scholars continue to make vigorous arguments for and against the abolishment of ..
Source: ESR Review : Economic and Social Rights in South Africa 4, pp 14 –15 (2003)More Less
Extracted from text ... UPDATES The Children's Bill The Children's Bill, finalised by the South African Law Commission in December 2002, was handed over to the Department of Social Development in January 2003. At the briefing of the Portfolio Committee on Social development on 28 May 2003, the Department indicated that there would be substantial changes in the Commission's draft Bill. A revised Bill would be ready on 9 June for the Minister's approval and would be submitted to the Cabinet committee on 18 June. The minutes of the briefing (available at http://www.pmg.org.za) make it clear that there are a number of changes ..
Source: ESR Review : Economic and Social Rights in South Africa 4 (2003)More Less
Extracted from text ... The ESCR-Net launched in style Chiang Mai, Thailand (8-11 June) The International Network on Economic, Social and Cultural Rights (ESCR-Net) was launched in Chiang Mai, Thailand in early June. Drawing more than 2000 participants from around the world, the inaugural conference was attended by activists and academics in the field of economic and social justice, by members of social movements and representatives of the donor community. Mrs Mary Robinson, who attended the conference as a guest of honour, delivered a keynote address heralding the ESCR-Net as a significant step in the direction of ensuring that the formal acknowledgement of the ..