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- ESR Review : Economic and Social Rights in South Africa
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- Volume 4, Issue 3, 2003
ESR Review : Economic and Social Rights in South Africa - Volume 4, Issue 3, 2003
Volume 4, Issue 3, 2003
Source: ESR Review : Economic and Social Rights in South Africa 4 (2003)More Less
Extracted from text ... Editorial by Sandy Liebenberg This is the third edition of ESR Review for 2003. The case reviews of the Rudolph and Modderklip cases (by Ashraf Mahomed and Annette Christmas respectively) highlight the implications of the landmark Grootboom judgment for situations where disadvantaged communities are facing eviction. A key issue in both cases is the failure of provincial and national governments to adopt a comprehensive policy framework for providing relief ""for people who have no access to land, no roof over their heads, and who are living in intolerable conditions or crisis situations"" (para 99, Grootboom judgment). Although provinces ..
Author Ashraf MahomedSource: ESR Review : Economic and Social Rights in South Africa 4, pp 2 –4 (2003)More Less
Extracted from text ... Grootboom and its impact on evictions: Rudolph and Others v City of Cape Town Ashraf Mahomed The government's 'market centred' approach to housing poses many challenges for human rights, development and governance lawyers, academics, activists and officials. In the case of Government of the Republic of South Africa and Others v Grootboom and Others (1) SA 46 (CC) (hereafter Grootboom), the Constitutional Court had to decide whether section 26 of the Constitution imposes a duty on the state to provide temporary housing or shelter to persons in desperate need. This precedent-setting housing case inevitably began to chart ..
Author Annette ChristmasSource: ESR Review : Economic and Social Rights in South Africa 4, pp 4 –7 (2003)More Less
Extracted from text ... The Modderklip cases: Evictions and the right of access to adequate housing Annette Christmas Poverty is a deeply entrenched feature of the South African landscape. One of the fundamental concerns of the South African government consequently centres on the need to provide housing and a secure place to live for the majority of its citizens. Despite the early successes achieved by the government in ameliorating the housing backlog, the phenomenon of overcrowded informal settlements, homelessness and the occupation of private land is still prevalent. The recent spate of eviction cases highlighted in the media highlights the lack of ..
Global survey on evictions : seven million left homeless as forced evictions double in two years : press release, 19 June 2003Source: ESR Review : Economic and Social Rights in South Africa 4, pp 7 –8 (2003)More Less
Extracted from text ... Global survey on evictions: Press release, 19 June 2003 Seven million left homeless as forced evictions double in two years Centre on Housing Rights and Evictions, Geneva, Switzerland The worldwide rate of forced evictions has practically doubled in the last two years, leaving nearly seven million people ejected - often violently - from their homes, according to new research by the Centre on Housing Rights and Evictions (COHRE) in Geneva, Switzerland. This alarming trend has emerged despite a strengthening of international law provisions condemning forced evictions as violations of human rights. The vast majority of forced evictions, ..
Author Coriaan De VilliersSource: ESR Review : Economic and Social Rights in South Africa 4, pp 8 –10 (2003)More Less
Extracted from text ... Daniels v Campbell N.O. and Others Coriaan de Villiers The long battle of a woman married according to Muslim personal rites to acquire ownership of her home On 24 June 2003, the High Court of South Africa (Cape of Good Hope Provincial Division) handed down a judgment with far-reaching consequences for the protection of spouses married according to Muslim rites in a de facto monogamous union. The relief granted in the case paved the way for the applicant, Mrs Daniels, who was married according to Muslim rites and whose husband is deceased, to inherit the principal asset ..
Author Liesl GerntholtzSource: ESR Review : Economic and Social Rights in South Africa 4, pp 11 –14 (2003)More Less
Extracted from text ... HIV testing and treatment, informed consent and AIDS orphans by Liesl Gerntholtz In a research report commissioned by the Henry J Kaiser Foundation, How households cope with the impact of the HIV/AIDS epidemic, researchers concluded that children ""are the worst affected"". They are affected by the epidemic in many ways - they are orphaned by it, they live with HIV/AIDS, they experience stigma and discrimination (whether or not they have HIV/AIDS), they live in households that are poorer than those that are not affected and they are more vulnerable to abuse and exploitation. The epidemic is eroding many of ..
Source: ESR Review : Economic and Social Rights in South Africa 4, pp 14 –15 (2003)More Less
Extracted from text ... Workshop on children without adult caregivers and access to social assistance Annette Christmas and Sandy Liebenberg It has become increasingly clear that the way that the social assistance grants programme is currently administered effectively excludes many children living without adult care givers, particularly children living in child-headed households. The Alliance for Children's Entitlement to Social Security (ACESS), and the Children's Institute in collaboration with Black Sash, the Gender Advocacy Programme and the Community Law Centre (UWC) hosted a workshop on 20-21 August 2003 aimed at finding feasible solutions to allow this particularly vulnerable group of children to access social ..
Source: ESR Review : Economic and Social Rights in South Africa 4, pp 15 –16 (2003)More Less
Extracted from text ... The SAHRC's Fourth Report on Socio-Economic Rights by Sandy Liebenberg Sandy Liebenberg of the Socio-Economic Rights Project, Community Law Centre, and Beth Goldblatt of the Gender Research Project, Centre for Applied Legal Studies, presented a paper at the workshop entitled ""The state's constitutional obligations to provide social assistance to child-headed households"". In April 2003, the South African Human Rights Commission (SAHRC) released its Fourth Annual Economic and Social Rights Report (hereafter the Report) based on its mandate in terms of section 184(3) of the Constitution. The Report covers two financial years: 2000-01 and 2001-02. As in previous years, ..