Includes bibliographical references. / This dissertation evaluates the regulation of domestic work. It approaches this topicfrom an international and national perspective. An international perspective in thiscontext means the regulation of domestic work as an international labour standard bythe International Labour Organization (ILO). Its national perspective entails the variousmodels of national regulation in three countries- South Africa Namibia and Indonesia.This dissertation also brings to the fore the nature of domestic work in its evaluation as a labour standard. It does this to give a general understanding of the subject. In recent years, regulating domestic work has been a popular topic within international labour law circles. However, the popularity of this discussion is not reflected in the working lives of a majority of domestic workers worldwide. Therefore, this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this “invisible' sector.This dissertation concludes that the proper regulation of the domestic work sector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation. National legislation of ILO member states also have to be fine-tuned or amended to this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this 'invisible' sector. This dissertation concludes that the proper regulation of the domestic worksector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation.

The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail.

At the 10th emergency special Session on December 8, 2003, the 191-member United Nations General Assembly adopted a resolution requesting an 'urgent' advisory opinion from the International Court of Justice in The Hague on the legal consequences of Israel's construction of a 'Barrier' between itself and the West Bank and East Jerusalem. 1 The Secretary General of the United Nations transmitted the request for the advisory opinion to the Court in a letter dated December 8, 2003. The Assembly has requested advisory opinions from the Court fourteen times since the Court's inception in 1946, with the majority requested immediately following World War 11. While the Court's opinion is not legally binding, the opinion provides strong guidance to both parties, as well as the international community, on how to treat the current situation and how to proceed with negotiations.

Since time immemorial, equality is a concept which has been the subject of philosophical debate and political contest. Today, democratic society proclaims itself to be committed to the values of openness, democracy, freedom and equality. In South Africa and in Belgium, equality is a fundamental value which lies at the heart of both Constitutions. For different reasons, this right is central regarding the two Constitutional Courts. In South Africa, the importance of the decisions made by the Constitutional Court in the equality and non-discrimination field is clear given its particular history of apartheid during which deep inequalities among the population were enforced. In Belgium, equality is the key of the Court of Arbitration's competence to exercise a constitutional control regarding the fundamental rights and freedoms enshrined in the Constitution. In both jurisdictions, it is clear that equality is not simply a matter of likeness but equally a matter of difference. Because Justice and Equality do not have the same significance and must not be confused, it is important to attempt to understand and to delineate what equitable equality means in a constitutional context. This dissertation undertakes to analyse the equality jurispruden of the South African Constitutional Court by reference to its five first decisions in order to determine its current approach to section 9 of the Constitution of South Africa Act 108 of 1996 (previously section 8 of the Constitution of the Republic of South Africa Act 200 of 1993 (the interim Constitution)). After an introduction to the Belgian Court of Arbitration and review of its treatment of the right to equality and non-discrimination, its approach will be evaluated in comparative perspective.