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Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
An International Expert Workshop on the Right to Social Security was held in April 2005 at the German Institute for Human Rights, whose purpose was to highlight specific issues of the right to social security which should be addressed by the Committee when drafting a General Comment on article 9. The results of this workshop are published in this volume providing an insight into the current challenges on social security as a human right.
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.
Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government.
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.