Using structural interdicts and the south African human rights commission to achieve judicial enforcement of economic and social rights in south Africa
| Abstract | In 1996, South Africa's transformative Constitution inspired human rights activists worldwide by incorporating justiciable economic and social rights (ESRs), including rights to housing, health care, food, water, social security, and basic education. Yet over the past twelve years, problems related to separation of powers considerations, vagueness concerns, and enforcement costs have impeded the South African judiciary's efforts to enforce these crucial rights meaningfully. After surveying these obstacles, this Note offers a two-step proposal for change: increased use of the structural interdict remedy and an enhanced, collaborative role for the South African Human Rights Commission. Used in tandem, these measures can improve judicial enforcement of ESRs in South Africa--and perhaps set a concrete example for the rest of the world. | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,701 |
| External links |
  Try with proxy. |
| Through your library | Only published papers are available at libraries |
Similar books and articlesSandra Liebenberg (2007). Needs, Rights and Transformations : The Adjudication of Social Rights in South Africa. In Terry Lovell (ed.), (Mis)Recognition, Social Inequality and Social Justice: Nancy Fraser and Pierre Bourdieu. Routledge.
Mark Heywood & John Shija (2010). A Global Framework Convention on Health: Would It Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective. Journal of Law, Medicine and Ethics 38 (3):640-646.
Gail M. Presbey (2003). The Struggle for Recognition in the Philosophy of Axel Honneth, Applied to the Current South African Situation and its Call for an `African Renaissance'. Philosophy and Social Criticism 29 (5):537-561.
Andrew West (2006). Theorising South Africa's Corporate Governance. Journal of Business Ethics 68 (4):433 - 448.
Kenneth M. Bond (1988). To Stay or to Leave: The Moral Dilemma of Divestment of South African Assets. Journal of Business Ethics 7 (1-2):9 - 18.
Albert A. Blum (1988). Negotiations Needed in South Africa: Lessons to Be Learned From Labor. Journal of Business Ethics 7 (12):933 - 939.
David Hollenbach (1998). Solidarity, Development, and Human Rights: The African Challenge. Journal of Religious Ethics 26 (2):305 - 317.
Thaddeus Metz (2011). Ubuntu as a Moral Theory and Human Rights in South Africa. African Human Rights Law Journal 11 (2):532-559.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads18 ( #67,593 of 549,108 )Recent downloads (6 months)1 ( #63,361 of 549,108 )How can I increase my downloads? |
My notes
Discussion
