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Equality and Non-discrimination in South Africa by Shadrack Gutto Pdf
This study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work.
About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks the constitutional meaning of equality and unfair discrimination. Equality cannot be usefully debated without first asking the vital question 'Equality of what?' The answer, it is contended, must be 'human dignity'. The philosophical and Abrahamic religious roots of these constitutional concepts of dignity and equality are investigated, then further explored and illustrated in the comparative context of South African, German and Canadian constitutional jurisprudence. Clashes and tensions between rights inevitably occur when the equality and non-discrimination rights of a Bill of Rights are applied horizontally, that is between subjects of the state themselves. The human dignity of the contestants plays a vital role in resolving such tensions and conflicts. Human dignity moreover has a determining function when applying constitutionally mandated restitutionary (compensatory) equality and when determining what the legitimate extent and duration of such restitution is. These issues are also considered in a comparative constitutional context. Peer Reviews: 'Retired Justice Laurie Ackermann was one of the giants of the "Mandela Constitutional Court" appointed in 1994. His new book on human dignity matches the weight and the profundity of his judicial writing on the subject. It is an authoritative, lawyerly and commanding exposition of the value that is the key to South Africa's constitutional future-the dignity of all its peoples.' Justice Edwin Cameron, Justice of the Constitutional Court of South Africa 'In this work, the claim that it is the inherent dignity and worth of every human person that must inform the interpretation and enforcement of the constitutional right to equality is backed up, inter alia, by a useful exposition of the Kantian concept of dignity and an illuminating and context-sensitive engagement with comparative constitutional law. The author's argument is systematically developed within a range of contexts, including anti-discrimination law, disputes over the scope and limits of measures designed to remedy past injustices, and conflicts over the appropriate balance between equality and freedom in cases involving the horizontal application of the Bill of Rights. Throughout, the author presents a well-argued and robust defence of a constitutional vision which places the dignity of the individual at the heart of the Constitution's transformative project. This is an important contribution which is certain to stimulate further analysis and debate.' - Prof Henk Botha, University of Stellenbosch Law Faculty 'The most systematic, theoretically rich, and intellectually provocative treatment in the academic literature to date on the subject of human dignity in South Africa's evolving equality jurisprudence.' Prof Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty
The Principle of Equality by Johan vande Lanotte,Jeremy Serkin,Yves Haeck Pdf
The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.
Legislating for Equality by Talia Naamat,Nina Osin,Dina Porat Pdf
Preliminary Material /Talia Naamat , Nina Osin and Dina Porat -- Introduction /Talia Naamat , Nina Osin and Dina Porat -- Algeria /Talia Naamat , Nina Osin and Dina Porat -- Angola /Talia Naamat , Nina Osin and Dina Porat -- Benin /Talia Naamat , Nina Osin and Dina Porat -- Botswana /Talia Naamat , Nina Osin and Dina Porat -- Burkina Faso /Talia Naamat , Nina Osin and Dina Porat -- Burundi /Talia Naamat , Nina Osin and Dina Porat -- Cameroon /Talia Naamat , Nina Osin and Dina Porat -- Cabo Verde /Talia Naamat , Nina Osin and Dina Porat -- Central African Republic /Talia Naamat , Nina Osin and Dina Porat -- Chad /Talia Naamat , Nina Osin and Dina Porat -- Comoros /Talia Naamat , Nina Osin and Dina Porat -- Congo, Democratic Republic of the /Talia Naamat , Nina Osin and Dina Porat -- Congo, Republic of the /Talia Naamat , Nina Osin and Dina Porat -- Côte d'ivoire /Talia Naamat , Nina Osin and Dina Porat -- Djibouti /Talia Naamat , Nina Osin and Dina Porat -- Egypt /Talia Naamat , Nina Osin and Dina Porat -- Equatorial Guinea /Talia Naamat , Nina Osin and Dina Porat -- Eritrea /Talia Naamat , Nina Osin and Dina Porat -- Ethiopia /Talia Naamat , Nina Osin and Dina Porat -- Gabon /Talia Naamat , Nina Osin and Dina Porat -- Gambia /Talia Naamat , Nina Osin and Dina Porat -- Ghana /Talia Naamat , Nina Osin and Dina Porat -- Guinea /Talia Naamat , Nina Osin and Dina Porat -- Guinea-Bissau /Talia Naamat , Nina Osin and Dina Porat -- Kenya /Talia Naamat , Nina Osin and Dina Porat -- Lesotho /Talia Naamat , Nina Osin and Dina Porat -- Liberia /Talia Naamat , Nina Osin and Dina Porat -- Libya /Talia Naamat , Nina Osin and Dina Porat -- Madagascar /Talia Naamat , Nina Osin and Dina Porat -- Malawi /Talia Naamat , Nina Osin and Dina Porat -- Mali /Talia Naamat , Nina Osin and Dina Porat -- Mauritania /Talia Naamat , Nina Osin and Dina Porat -- Mauritius /Talia Naamat , Nina Osin and Dina Porat -- Morocco /Talia Naamat , Nina Osin and Dina Porat -- Mozambique /Talia Naamat , Nina Osin and Dina Porat -- Namibia /Talia Naamat , Nina Osin and Dina Porat -- Niger /Talia Naamat , Nina Osin and Dina Porat -- Nigeria /Talia Naamat , Nina Osin and Dina Porat -- Rwanda /Talia Naamat , Nina Osin and Dina Porat -- São Tomé and Príncipe /Talia Naamat , Nina Osin and Dina Porat -- Senegal /Talia Naamat , Nina Osin and Dina Porat -- Seychelles /Talia Naamat , Nina Osin and Dina Porat -- Sierra Leone /Talia Naamat , Nina Osin and Dina Porat -- Somalia /Talia Naamat , Nina Osin and Dina Porat -- South Africa /Talia Naamat , Nina Osin and Dina Porat -- South Sudan /Talia Naamat , Nina Osin and Dina Porat -- Sudan /Talia Naamat , Nina Osin and Dina Porat -- Swaziland /Talia Naamat , Nina Osin and Dina Porat -- Tanzania /Talia Naamat , Nina Osin and Dina Porat -- Togo /Talia Naamat , Nina Osin and Dina Porat -- Tunisia /Talia Naamat , Nina Osin and Dina Porat -- Uganda /Talia Naamat , Nina Osin and Dina Porat -- Zambia /Talia Naamat , Nina Osin and Dina Porat -- Zimbabwe /Talia Naamat , Nina Osin and Dina Porat -- International Documents /Talia Naamat , Nina Osin and Dina Porat -- African Documents /Talia Naamat , Nina Osin and Dina Porat -- Tables - Ratification Status of Treaties /Talia Naamat , Nina Osin and Dina Porat.
Gender and the New South African Legal Order by Christina Murray Pdf
South Africa's constitution commits the country to democracy and the elimination of discrimination against women. This volume of essays explores the meaning and implications of gender equality in South Africa.
Equality and Discrimination Under International Law by Warwick Alexander McKean Pdf
History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.
Exploring the link between poverty and human rights in Africa by Edited by Ebenezer Durojaye and Gladys Mirugi-Mukundi Pdf
About the publication This book addresses poverty, one of the important issues confronting Africa, from a multi-disciplinary approach. With contributions from eminent scholars from diverse backgrounds, the book explores poverty from a human rights perspective. Its central message is that poverty is not necessarily a failure on the part of an individual, but rather caused by the actions or inactions of governments, which are often exacerbated by structural inequalities in many African societies. This in turn requires a more pragmatic approach grounded in respect for human rights. Exploring the link between poverty and human rights in Africa will be useful to researchers, policymakers, students, activists and others interested in addressing poverty. Table of Contents PREFACE viii ACKNOWLEDGMENTS x CONTRIBUTORS xi 1. General introduction to poverty and human rights in Africa Ebenezer Durojaye & Gladys Mirugi-Mukundi 1 Introduction 2 Understanding poverty 3 Nexus between poverty and human rights 4 Significance of this book 4.1 The relevance 5 Overview of the book 5.1 Section I: Trends and incidence of poverty in Africa 5.2 Section II: Poverty and socio-economic rights 5.3 Section III: Poverty and vulnerable groups 5.4 Section IV: Poverty and access to justice 2. Integrating a human rights approach to food security in national plans and budgets: The South African National Development Plan Julian May 1 Introduction 2 Human rights and food security 3 Development planning and human rights 4 The components of budgeting for human rights 4.1 Diagnostic analysis 4.2 Identifying interventions and budget prioritisation 4.3 Estimating the financial costs of achieving food security 4.5 Estimating social and economic benefits 5 Public expenditure management for food security 5.1 Fiscal and monetary policy 5.2 Multi-year budgeting 6 Conclusion 3. Is South Africa winning the war on poverty and inequality? What do the available statistics tell us? Emmanuel Sekyere, Steven Gordon, Gary Pienaar & Narnia Bohler-Muller 1 Introduction 1.1 Income inequality in South Africa 2 Poverty and human development trends in South Africa 2.1 South African Social Attitudes Survey: Perceptions of poverty 2.2 Human development 3 Access to services 4 Addressing social inequality in South Africa 4.1 Addressing income inequality in South Africa 4.2 Addressing human development challenges 4.3 Addressing service delivery 5 Conclusion and summary of findings 4. Who really ‘state-captured’ South Africa? Revealing silences in poverty, inequality and structurally-corrupt capitalism Patrick Bond 1 Introduction 2 Inequality, the state and its ‘capture’ 3 The political economy of the capitalist state 4 World Bank inequality denialism 5 The fight between hostile brothers: The ‘Zuptas’ and ‘White Monopoly Capital’ 6 Social resistances 5. Poverty, women and the human right to water for growing food Ngcimezile Mbano-Mweso 1 Introduction 2 The human right to water 2.1 Recognition in international law 2.2 Definition and content: Is there a right to water for growing food? 2.3 Normative content of the human right to water for growing food 3 Conclusion 6. The link between environmental pollution and poverty in Africa Olubayo Oluduro 1 Introduction 2 Legal framework for the protection of the environment in Africa 3 Nature of environmental pollution in Africa 3.1 Environmental pollution in Africa: Case studies of some countries 4 Nexus between pollution and poverty 4.1 Environmental pollution leads to diversion of labour 4.2 Increased burden of disease in poor countries 4.3 Problem of food security 4.4 Right to safe drinking water 5 Protecting the environment to fight poverty and achieve the Sustainable Development Goals 6 Recommendations 6.1 Political commitment 6.2 Promotion of education and information sharing 6.3 Eliminating poverty 7 Conclusion 138 7. Alleviating poverty through retirement reforms Kitty Malherbe 1 Introduction 2 Poverty among older persons 3 Current social security provision for older persons 4 Arguments for the reform of the current retirement income system 5 Proposed retirement reforms 5.1 Comprehensive social security and retirement reform process 5.2 Reforms proposed by National Treasury 6 Constitutional principles guiding reforms 6.1 Coordinated approach 6.2 Inclusivity 6.3 Progressive realisation 6.4 Governance and accountability 6.5 Availability of resources 6.6 ‘Lifespan’ view to addressing poverty 7 Potential impact of social security and retirement income reforms 8. Disability, poverty and human rights in Africa: Opportunities for poverty reduction from the UN Convention on the Rights of Persons with Disabilities Enoch M Chilemba 1 Introduction 2 Poverty, disability and human rights link in Africa 2.1 Persons with disabilities in Africa: Among the poorest of the poor 2.2 Poverty, disability and human rights linkage 3 Utilising the opportunities from CRPD in countering obstacles relating to disability and poverty in Africa 3.1 Fostering equality and non-discrimination to reduce poverty 3.2 Fostering inclusive education to eradicate poverty 3.3 Enhancing employment in the open labour market to eradicate poverty 3.4 Ensuring social protection to reduce poverty 4 Conclusion 188 9.The co-existence of gender inequality and poverty Nomthandazo Ntlama 1 Introduction 2 SADC’s transformative vision in eliminating gender inequalities and poverty 2.1 Reducing poverty and eliminating gender inequality: A mammoth task 2.2 Towards a transformative region: Advancing the principles of the community of nations 3 Conclusion 10. The potential of the African human rights system in addressing poverty Bright Nkrumah 1 Introduction 2 Norm creation and norm enforcement: Issues and implications 2.1 Normative framework for addressing poverty 2.2 African Charter on Human and Peoples’ Rights 2.3 Little angels: African Charter on the Rights and Welfare of the Child 2.4 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 3 Other instruments relating to poverty 3.1 AU Convention on Preventing and Combating Corruption (Anti-Corruption Convention) 3.2 Declaration on Employment and Poverty Alleviation in Africa 3.4 Comprehensive African Agriculture Development Programme 4 Institutional frameworks for addressing poverty 4.1 African Commission on Human and Peoples’ Rights 4.2 African Committee of Experts on the Rights and Welfare of the Child 4.3 African Court on Human and Peoples’ Rights 4.4 Need for complementarity: The road not taken 5 Other related mechanisms 5.1 New Partnership for Africa’s Development 5.2 African Peer Review Mechanism 6 International best practice dealing with poverty 7 Concluding reflections 11. Realising access to justice for the poor: Lessons from working with rural communities Victoria Balogun 1 Introduction 2 What is access to justice for the poor? 3 How are non-profit organisations such as the Centre for Community Justice and Development promoting access to justice in South Africa post-1994? 4 Are there any barriers to access to justice and do they have any implication(s) for the poor in poor communities? 5 The intersection between poverty and access to justice for poor communities 6 Access to justice, the role of legal aid offices and the commitment to serve the poor in poor communities 7 Equality and access to justice for the poor 8 Conclusion 12. The role of the South African Human Rights Commission in ensuring state accountability to address poverty Rachael Adams 1 Introduction 2 Poverty and human rights 2.1 International human rights law 2.2 Poverty and human rights in South Africa 2.3 Socio-economic rights 3 What do we mean by state accountability? 3.1 State accountability 4 South African Human Rights Commission 4.1 Mandate and functions 4.2 Reporting requirements 5 Structures of accountability 5.1 Complaints 5.2 Reporting 6 Inequality and intersectional discrimination 6.1 Interdependence of rights and the role of government 7 Conclusion: The role of the South African Human Rights Commission
International Human Rights Law and Discrimination Protections by Mpoki Mwakagali Pdf
"Non-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discrimination established in the international treaties in regional as well as national human rights frameworks is also set forth to provide practical illustrations of the application of these standards in more specific and localised perspectives. Selected regional frameworks discussed are the African, American and European human rights regional frameworks and the national frameworks are South Africa and Brazil"--Back cover
The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality by David Oppenheimer Pdf
"Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--
In search of equality by Stefanie Röhrs,Dee Smythe,Annie Hsieh,Monica de Souza Pdf
Just over 50 years ago several African countries drew up new Constitutions which included protocols such as the Protocol on the Rights of Women. Decades later, has constitutional reform brought gender equality to women in Africa? And what does gender equality mean in the everyday lives of women on the continent? The contributors to this volume provide insights into women's rights in seven African countries - Cote d'Ivoire, Malawi, Namibia, Nigeria, Rwanda, South Africa and Uganda. Each looks at the causes, context and consequences of the struggle to uphold women's rights. Their case studies illustrate property-grabbing in Malawi, women's citizenship in Nigeria, and the rise of hate crimes and sexual violence against black lesbians in South Africa, among other issues.
Advancing Equality by Jody Heymann,Aleta Sprague,Amy Raub Pdf
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
Equality and Non-Discrimination in the EU by Giovanni Zaccaroni Pdf
Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.
