Water privatisation and socio-economic rights in South Africa

No Abstrac

In search of philosophical justifications and suitable models for the horizontal application of human rights

This article critiques the dominant view that human rights do not bind non-state actors. It ties the dominant discourse to the natural rights theory and, to a lesser extent, the positivist school of thought. A critique of these traditions reveals that there are no insurmountable philosophical barriers to recognising the application of human rights to non-state actors and the private sphere. Drawing on Marxist and feminist philosophical schools, as well as African conceptions of human rights, it argues that the view that non-state actors should be bound by human rights can be defended philosophically. The article ends with an analysis of the various options through which human rights obligations of non-state actors may be enforced within a domestic constitutional framework

The horizontal application of constitutional rights in a comparative perspective

No Abstrac

Child poverty and children’s rights of access to food and basic nutrition in South Africa : A contextual, jurisprudential and policy analysis

The rights to food and basic nutrition have been implemented rather unsystematically in South Africa through a hodgepodge of policies and indirectly by legislation. In view of the dearth of jurisprudence, this paper sought to tease out the meaning of children’s right of access to food as well as their right to basic nutrition, to analyse the significance of, and correlation between, these two rights, and to consider their implications for South African law and policy.This paper was prepared with financial support from the Norwegian Embassy through the Norwegian Centre for Human Rights and with supplementary funding from the Ford Foundation

Obligations of non-state actors in relation to economic, social and cultural rights under the South African Constitution

A feature that has earned the South African Constitution international admiration is the inclusion of a detailed catalogue of economic, social and cultural rights in its Bill of Rights. Already, South African courts have taken the lead in developing jurisprudence around these rights.peer-reviewe

The WHO’s 75th anniversary: WHO at a pivotal moment in history

The World Health Organisation (WHO) was inaugurated in 1948 to bring the world together to ensure the highest attainable standard of health for all. Establishing health governance under the United Nations (UN), WHO was seen as the preeminent leader in public health, promoting a healthier world following the destruction of World War II and ensuring global solidarity to prevent disease and promote health. Its constitutional function would be ‘to act as the directing and coordinating authority on international health work’. Yet today, as the world commemorates WHO’s 75th anniversary, it faces a historic global health crisis, with governments presenting challenges to its institutional legitimacy and authority amid the ongoing COVID-19 pandemic. WHO governance in the coming years will define the future of the Organisation and, crucially, the health and well-being of billions of people across the globe. At this pivotal moment, WHO must learn critical lessons from its past and make fundamental reforms to become the Organisation it was meant to be. We propose reforms in WHO financing, governance, norms, human rights and equity that will lay a foundation for the next generation of global governance for health

The right to health in international law: Its implications for the obligations of state and non-state actors in ensuring access to essential medicine

A range of international human rights instruments, declarations and resolutions affirm that good health is a precondition for the enjoyment of all other human rights and for participation in socio-economic and political life. However, many people across the globe (especially in Africa and Asia) lack access to essential medicine. This article argues that access to medication, treatment and care is an essential element of effective responses to pandemics and other diseases. In particular, it is argued that international law imposes a minimum core (and non-derogable) obligation on states to provide essential medicine. In recognition of the increasing role that private actors are playing in ensuring access to essential medicine, their human rights obligations relating to access to essential medicine are also explored

Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms

Doctor Legum - LLDThis study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.South Afric