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- Volume 21, Issue 3, 2005
South African Journal on Human Rights - Volume 21, Issue 3, 2005
Volume 21, Issue 3, 2005
Serious human rights violations in Zimbabwe : of international crimes, immunities, and the possibility of prosecutionsSource: South African Journal on Human Rights 21, pp 337 –369 (2005)More Less
From the viewpoint of international criminal law, the serious human rights abuses perpetrated in Zimbabwe have implications for the perpetrators. These implications are discussed, drawing on the jurisprudence of international criminal tribunals and the text of the Rome Statute of the International Criminal Court. Two important international law doctrines are relevant to any attempt to prosecute Zimbabwe's leaders: the doctrine of responsibility and superior orders, and the controversial doctrine of immunity. Possible avenues for prosecution of Zimbabweans implicated in international crimes include actions before foreign municipal courts and actions by the International Criminal Court. Consideration is also given to a possible prosecution under South Africa's Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002.
Author Thaddeus MetzSource: South African Journal on Human Rights 21, pp 370 –405 (2005)More Less
Routine testing is a practice whereby medical professionals ask all patients whether they would like an HIV test, regardless of whether there is anything unique to a given patient that suggests the presence of HIV. In three respects I aim to offer a fresh perspective on the debate about whether a developing country with a high rate of HIV infection morally ought to adopt routine testing. First, I present a neat framework that organises the moral issues at stake, bringing out the basic principles involved and exhibiting their logical relationships. Second, appealing to the Kantian principle of respect for the dignity of persons, I offer a thorough justification for routine testing when it serves as a gateway to anti-retroviral treatment (ART). Third, I present a respect-based defence of the controversial and novel thesis that routine testing is morally justified even if ART is unaffordable or otherwise unavailable.
Extending the limits or narrowing the scope? Deconstructing the OAU refugee definition thirty years onAuthor Micah Bond RankinSource: South African Journal on Human Rights 21, pp 406 –435 (2005)More Less
The Organisation of African Unity (OAU) Refugee Convention is recognised as having extended the conventional concept of a refugee beyond the narrower scope of the 1951 Refugee Convention. Yet, while the OAU definition of refugee has been praised for its broader scope, relatively little effort has been made to subject it to a rigorous interpretative analysis. Instead, scholarship has tended to minimise a number of serious interpretive difficulties posed by the definition. The result is an `interpretive consensus' that suggests that three fundamental characteristics differentiate it from the 1951 definition: first, the OAU definition is objective rather than subjective; second, it does not require a specific type of harm or cause of flight; and third, it was primarily designed and intended to be applied to the context of group displacements. On closer examination, this consensus appears untenable and may be harmful to the broader goal of refugee protection. This article reviews existing scholarship on the OAU definition and provides a clause-by-clause analysis of the OAU definition in light of contemporary international refugee law.
Issues and challenges in addressing poverty and legal rights : a comparative United States / South African analysisAuthor Lucy A. WilliamsSource: South African Journal on Human Rights 21, pp 436 –472 (2005)More Less
This article gives a comparative examination of poverty reduction strategies in the United States and South Africa. Three questions frame the discussion: 1) Are individual legally enforceable entitlements to the benefits of social and economic rights, particularly social assistance benefits, an important or even necessary tool in fighting poverty and realising social and economic rights? 2) Should anti-poverty policy privilege wage work and family contributions? 3) In light of economic globalisation, what problems are associated with viewing poverty-reduction strategies, particularly social welfare programmes, within a framework of nation-states and their subdivisions? Cast in the light of these questions, modern US poverty and social assistance policy reveal an abundance of misconceptions and biases which, over time, have reinforced opposition in the US to economic redistribution and the guarantee of minimally adequate living conditions for the poor. Regrettably, echoes of these failings in the US approach can be detected in the contemporary South African debate and in some recent South African anti-poverty initiatives.
Oral advocacy and judicial decision-making in the South African Appellate Courts : notes and commentsAuthor Stacia L. HaynieSource: South African Journal on Human Rights 21, pp 473 –489 (2005)More Less
The implementation of the Maintenance Act 99 of 1998 : two NGOs throw down the Gauntlet - a model for the country? : notes and commentsAuthor Mothokoa MamashelaSource: South African Journal on Human Rights 21, pp 490 –500 (2005)More Less
(Un)thinking Citizenship : Feminist Debates in Contemporary South Africa, Amanda Gouws (ed) : book reviewAuthor Elsje BonthuysSource: South African Journal on Human Rights 21, pp 501 –503 (2005)More Less
Author Mia SwartSource: South African Journal on Human Rights 21, pp 504 –507 (2005)More Less