Using structural interdicts and the south African human rights commission to achieve judicial enforcement of economic and social rights in south Africa

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)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 26,213
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Theorising South Africa's Corporate Governance.Andrew West - 2006 - Journal of Business Ethics 68 (4):433 - 448.
Ubuntu as a Moral Theory and Human Rights in South Africa.Thaddeus Metz - 2011 - African Human Rights Law Journal 11 (2):532-559.

Monthly downloads

Added to index


Total downloads

18 ( #266,108 of 2,154,177 )

Recent downloads (6 months)

1 ( #397,226 of 2,154,177 )

How can I increase my downloads?

My notes
Sign in to use this feature

There  are no threads in this forum
Nothing in this forum yet.

Other forums