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- ESR Review : Economic and Social Rights in South Africa
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- Volume 8, Issue 3, 2007
ESR Review : Economic and Social Rights in South Africa - Volume 8, Issue 3, 2007
Volume 8, Issue 3, 2007
Author Marius PieterseSource: ESR Review : Economic and Social Rights in South Africa 8, pp 2 –6 (2007)More Less
When we think about enforcing socio-economic rights, our focus tends, justifiably, to be on the state. After all, according to South Africa's Constitution of 1996 (the Constitution), it is the state that must ""respect, protect, promote and fulfil"" socio-economic rights (section 7(2)) and ""take reasonable legislative and other measures"", within available resources, to achieve their progressive realisation (sections 26(2) and 27(2)).
Strengthening the institutional mechanisms for monitoring socio-economic rights : the ad hoc Committee reportSource: ESR Review : Economic and Social Rights in South Africa 8, pp 6 –11 (2007)More Less
The appointment of an ad hoc Committee by Parliament to review a wide range of constitutional and statutory institutions late last year raised huge public debate. There was much speculation about the motive of the review and the future of some institutions. However, the tabling of the Report of the ad hoc Committee on the Review of Chapter 9 and Associated Institutions on 21 August 2007 ended the speculation.
Author Christopher MbaziraSource: ESR Review : Economic and Social Rights in South Africa 8, pp 12 –16 (2007)More Less
On 28 August 2007, the Constitutional Court heard an appeal against the decision of the Supreme Court of Appeal (SCA) in the Rand Properties case. This case concerns the eviction of poor people from dilapidated buildings in the inner city of Johannesburg. Acting in terms of section 12 of the National Building Regulations and Building Standards Act of 1977 (NBRA), the City of Johannesburg (the City) had issued eviction notices on the basis that these buildings were hazardous and not suitable for human habitation. It therefore brought an application to the High Court to enforce these notices.
Author Savelina Danova-RussinovaSource: ESR Review : Economic and Social Rights in South Africa 8, pp 16 –19 (2007)More Less
On 30 November 2006, in the above-mentioned case, the European Committee of Social Rights (the Committee) found Bulgaria to be in violation of article 16 (right to family protection) read together with article E (non-discrimination clause) of the Revised European Social Charter of 1996 (the Revised Charter). It held that Bulgaria had failed to secure the right of the Roma, a minority group in the country, to adequate housing.
Basic Principles and Guidelines on Development-Based Evictions and Displacement : international developments 1Source: ESR Review : Economic and Social Rights in South Africa 8, pp 20 –21 (2007)More Less
In 1997, the Comprehensive Human Rights Guidelines on Development-Based Displacement were adopted by participants in the Expert Seminar on the Practice of Forced Evictions, held in Geneva from 11 to 13 June (UN doc. E/CN.4/ Sub.2/1997/7, 2 July 1997). These guidelines include obligations on states to secure by all appropriate means, including the provision of security of tenure, the maximum degree of effective protection against forced evictions; to prevent homelessness; and to explore all possible alternatives to forced evictions.
Resolution on the rectification of the legal status of the Committee on Economic, Social and Cultural Rights : international developments 2Source: ESR Review : Economic and Social Rights in South Africa 8 (2007)More Less
Source: ESR Review : Economic and Social Rights in South Africa 8 (2007)More Less
Justiciability of economic, social and cultural rights : Experiences from domestic systems, Fons Coomans (ed) : book reviewAuthor Rebecca AmolloSource: ESR Review : Economic and Social Rights in South Africa 8, pp 23 –24 (2007)More Less
This book explores the topic of the justiciability of socio-economic rights in a new fashion by giving the reader a flavour of the experience of different jurisdictions. It comes at a time when the debate on the nature of state obligations pertaining to socio-economic rights is regaining currency, mainly because of the revival of efforts to adopt an optional protocol to the International Covenant on Economic, Social and Cultural Rights providing for a complaints procedure. The contributions address the topic from various angles, which gives the book a comparative outlook.