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The clash between South Africa's dual need of a new political identity and economic viability reflects not only the difficulty in conducting a traditional foreign policy with a strong ideological overlay but also has spurred the debate over whether her foreign policy is to be conducted on the basis of expediency or principle. This study argues that although the shift to a post-apartheid society has created the context for South African foreign policy to be shaped by a new culture of human rights, it remains an interest-based pragmatic activity rather than an exercise in the projection of ethical values or ideological principles. It seems that the African National Congress (ANC)-led government has not yet resolved the basic contradictions that have bedevilled its international thinking since it came into power. Faced with this dilemma, South Africa is often reduced to straddling the fence by half-heartedly supporting principles on one occasion (as in its relationship with the Republic of China), and on another pursuing its economic interests (as her intention to sell arms to the People's Republic of China attests). The government's basic goal of developing fruitful political and economic linkages without sacrificing the principles which underpin wider policy has proved elusive. The central proposition of this study is that the defining parameters of South African foreign policy have remained largely indeterminate because of the realities of the conflicting interests posed by its domestic and external concerns. In essence, the inability to reconcile primary foreign policy goals (preservation of national economic interest) with new foreign policy aspirations (promotion of human rights and peace through the pursuit of justice and fair-play) reflects a tense ambivalence in the founding principles of post apartheid South African foreign policy. / Thesis (M.Soc.Sc.)-University of Natal, Pietermaritzburg, 2001.

In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.

The purpose of the essay is to critically discuss and analyse the right to development as an individual and a collective right, and or both at national as well as at the international level. The main objective being to ascertain whether there is .distinct dichotomy between the right to development as an individual and a collective right. Having critically analysed the right to development as an individual and a collective right or both, I attempted to critically discuss both the active and passive subjects of the right - so-called right-holders and duty-bearers respectively, at national as well as at international level. The juridical status of the right has been critically examined. It is clear that the right is legally binding on all states. The right is universally recognised as a human right enjoying international legal status. / Law / LL.M.

The author explores the traditional approaches to interpretation in a constitutional democracy, with specific emphasis on Bill of Rights interpretation. The approaches adopted by the court in India and Canada, are briefly outlined with a view to gleaning from the experience of these countries, a theory which will inform a proper approach to interpretation in a South African context. He concludes that the value-based approach is most appropriate to concretise the rights entrenched in the Bill of Rights, and specifically the so-called second and third generation rights. Addressing the fear that this may lead to an undisciplined judiciary, he concludes that there are sufficient disciplinning mechanisms to ensure that the courts do not encroach upon the other branches of government. / Constitutional, International and Indigenous Law / LL.M.

The right to have access to health care services is enshrined in section 27 of the South African Constitution of 1996 as one of the socio-economic rights protected by this Constitution. In order to observe the entitlements in this human right, the South African government has since 1994, embarked on legislation, policies and programmes to improve access to health care services among vulnerable and disadvantaged groups in South Africa. As a result of the measures put in place by the government, enormous progress has been registered since their enforcement, in respect of access to health care services. However, as evident in some reports such as the 7th Report on Economic and Social Rights by the South African Human Rights Commission and studies conducted by the Studies in Poverty and Inequality Institute (SPII), it is revealed that the measures adopted by the government to improve access to health care services have not effectively translated the entitlements of this right to the population of South Africa. This study is motivated by the disclosure of these concerns, irrespective of the measures put in place by the government to achieve universal access to health care services. The study therefore aims at stressing the importance of upholding the right to have access to health care services in the social transformation process of South Africa. In doing so, it will investigate current health care reforms in South Africa and make recommendations on how to effectively interpret and implement section 27 of the Constitution to achieve equal benefits on access to health care services to everyone in South Africa. / Jurisprudence / LL. M.

Human trafficking has been reported to be on the increase in the Eastern Cape Province of South Africa with girls as young as ten years old being trafficked from and within the Province for sexual and labour purposes, and marriage. Human traffickers operate in rural areas, small towns and cities such as Port Elizabeth and East London. However, research on the role of the law enforcement authorities and the civil society organisations in the fight against trafficking in Eastern Cape Province is largely unknown. Situated within the Security Governance Theory, and using the intensive research design, this research reports on the role of the law enforcement authorities and the civil society organisations in the fight against human trafficking in Eastern Cape Province with emphasis on rural-urban differentiation. The challenges which law enforcement authorities and the civil society organisations faced are also discussed. The study, among other things, found that both the law enforcement sector and civil society organisations in the Province ensured that security, criminal justice, physical, emotional, psychological, health and spiritual needs of rescued victims of trafficking were met. The study further established that there was little progress in the fight against human trafficking, more especially in the rural areas of the Province, due to inadequate cooperation among anti-trafficking organisations and the lack of resources.

M.Ed. / Human rights in education in South Africa in general and in Reiger Park in particular has become an area of contention. This is reflected by the lack of understanding of human rights by teachers, parents and pupils alike. The teachers, parents, as well as pupils have different interpretations of what human rights mean to them and often create feelings of complacency and sometimes indolent behaviour of some teachers, parents as well as pupils. The teachers. parents and pupils need to be made aware of the importance of human rights as a means to achieve a democratic society rather than working against it.(see 4.8.2) This study wishes to address the above-mentioned issues by seeking answers to the following questions: Do people know about human rights ? What are their attitudes towards human rights? What are their attitudes towards discipline along human rights principles? -Is there a necessity to include human rights education in the school curriculum ? How human rights education ought to be introduced in the school ? The aim of the research is to look at overseas countries to see if there are patterns or trends in human rights education and whether these global problems are are experienced in a local context. To find out whether people know about human rights, their attitudes towards human rights as well as their attitudes towards discipline along the principles of human rights. The research also aims to find out how human rights would be incorporated in the school curriculum.

LLM / Department of Mercantile Law / Scholarship on the subject of Corporate Social Responsibility (CSR) highlights its four components: economic, legal, ethical and philanthropic responsibility. In South Africa, while the economic, legal and ethical components of CSR are regulated and attract punitive measures for erring corporations who fail to adhere to such demands, the application of the philanthropic aspect of CSR is problematic. The application of philanthropic responsibility suffers normative, institutional and accountability deficiencies in South Africa. Hence, corporations do not conscientiously direct philanthropic responsibility towards achieving core socio-economic needs of their host communities. In the light of international human rights standards relevant to CSR, this research attempts to examine domestic laws which regulate the practice of CSR in South Africa and advance how the philanthropic aspect of CSR can be developed to achieve the realisation of socio-economic rights, in particular, the rights to access to health care, water and social security, education, housing and clean environment. The argument is made that through the formulation and application of an appropriate legal framework, philanthropic CSR can play a contributory role to the realisation of socio-economic rights recognised under the 1996 South African constitution. The implications are that in appropriate cases socio-economic rights do not only bind the state and consequently apply to the "vertical" relationship between individuals and the state, but could also apply "horizontally", in respect of the relationship between private entities. This is a controversial issue and its full implications have not yet been resolved.

This study involves a critical appraisal of the legal implications of South Africa’s withdrawal from the International Criminal Court (ICC) in the context of its international and regional human rights obligations. The dissertation also investigates the history and formation of the ICC, South Africa’s involvement and its role as a guardian of international and regional human rights obligations in Africa. The study reviews the circumstances leading to South Africa’s notice of withdrawal from the ICC, including the legal implications and international human rights obligations. This inquiry considers South Africa’s proposed withdrawal from the ICC which is supported by points of departure and a comprehensive literature review. The decision to withdraw from the ICC is considered to be a political one. However, this study raises questions about the executive’s withdrawal in regard to its domestic, regional and international human rights obligations, irrespective of whether it is a member of the ICC. The study surveys the background to South Africa’s participation in the ICC, its membership of the African Union and the implications of ICC membership including the obligations imposed on member states. / Criminal and Procedural Law / LL. M.