Using structural interdicts and the south African human rights commission to achieve judicial enforcement of economic and social rights in south Africa
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
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||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Sandra 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. [REVIEW] Journal of Business Ethics 7 (1-2):9 - 18.
David Bilchitz (2007). Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights. OUP Oxford.
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.
Added to index2009-01-28
Total downloads18 ( #94,308 of 1,102,748 )
Recent downloads (6 months)1 ( #296,987 of 1,102,748 )
How can I increase my downloads?