In this dissertation I argue that the notion of environmental justice is recognised by section 24 of the Constitution, forms part of our law, and could play a role in South African socio-economic rights litigation as a transformative tool. I assert that because environmental justice recognises the intrinsic links between the distribution of basic resources and the environments in which poor people continue to find themselves in post 1994 South Africa, it has the ability to enhance and strengthen the enforcement of socio-economic rights. Environmental justice can do so by, among other things, focussing the court‟s mind on questions of justice and equity in the context of previous unjust environmental decision-making. In chapter 1, I explore the origins of environmental justice as a conceptual framework and as a movement that first emerged in the United States, and was subsequently embraced in the early post-apartheid era in response to immense environmental injustices experienced by South Africa‟s poor black majority as a result of apartheid. I discuss how many of these injustices not only „linger on‟ in post 1994 South Africa, but have also arguably become more entrenched, representing a failure on the part of the hopeful environmental justice movement of the early post-apartheid era. I highlight some of the reasons for this failure, which include the fragmented nature of the environmental justice movement, changes in government policy in relation to environmental issues, and the inadequate implementation of environmental laws intended to ensure public participation. In spite of these set backs, I argue in chapter 2 that there remains room for environmental justice to play a role in transformative constitutionalism. I then demonstrate that, despite environmental justice having been incorporated into our law, it has failed to capture the imagination of lawyers engaged in socio-economic rights litigation. Sustainable development and human rights discourses have thus far been the dominant voices in socio-economic rights litigation, at the expense of environmental justice, and its transformative potential. In chapter 3, I analyse Mazibuko v City of Johannesburg, which concerned the right to free basic water under section 27 of the Constitution. In my analysis of Mazibuko, I align myself with those who criticise the court‟s approach as anti-transformative. I do so by demonstrating that the court ii „technicised‟, „personalised‟, „proceduralised‟ and so, „depoliticised‟ the applicants‟ challenge to the government‟s policy. In this way, the court endorsed the „commodification‟ of water, and a „neo-liberal paradigm‟ towards access to basic water. I point to how linking environmental justice to the right to access to basic water could have encouraged the court to adopt a more redistributive and transformative approach. Finally, in chapter 4, I conclude by considering the future role of environmental justice in socio-economic rights litigation to enhance the ability of the environmental right to challenge poverty and effect transformation in the lives of poor people in South Africa. / Dissertation (LLM)--University of Pretoria, 2014. / Public Law / Unrestricted

<p>The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to &ldquo / forge new tools&rdquo / and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative nature. The injustice of apartheid brought about unequal resource distribution in South Africa and this is well documented. The need for innovative remedies to address these injustices has been in demand. The Constitution of the Republic of South Africa has made available, sufficient remedies for the courts to deal with these concerns. However, the courts need to find a creative way of using and applying these remedies. One such remedy, being promoted by this paper is, structural interdicts with a supervisory jurisdiction. This remedy has a process of meaningful engagement attached to it, to ensure all parties reach practical solutions to ongoing socio-economic rights violations. The ancillary effect of these types of orders will promote future policies to take into consideration socio-economic rights needs of other people in the same position as the applicants. The ongoing supervision of the court will further ensure that government comply with its obligation within reasonable time, and to address ongoing concerns of socio-economic rights violation as and when they arise during the process of engagement.</p>

<p>The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to &ldquo / forge new tools&rdquo / and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative nature. The injustice of apartheid brought about unequal resource distribution in South Africa and this is well documented. The need for innovative remedies to address these injustices has been in demand. The Constitution of the Republic of South Africa has made available, sufficient remedies for the courts to deal with these concerns. However, the courts need to find a creative way of using and applying these remedies. One such remedy, being promoted by this paper is, structural interdicts with a supervisory jurisdiction. This remedy has a process of meaningful engagement attached to it, to ensure all parties reach practical solutions to ongoing socio-economic rights violations. The ancillary effect of these types of orders will promote future policies to take into consideration socio-economic rights needs of other people in the same position as the applicants. The ongoing supervision of the court will further ensure that government comply with its obligation within reasonable time, and to address ongoing concerns of socio-economic rights violation as and when they arise during the process of engagement.</p>

The subject matter pertaining to the socio-economic rights of prisoners, is a subject area that has been neglected by legal academics in Zambia. Therefore, it was only fitting to give this topic, the attention it deserves. When the topic at hand was elected, it was underlined by three assumptions. The first assumption being that in the Zambian legal system, the socio-economic rights of prisoners are not duly acknowledged, respected and promoted. The second assumption was that prisoners are ill-treated, such that their dignity is taken away by virtue of their confinement to a prison. The last assumption was that Zambia is not abiding by its international and regional minimum human rights law obligations, pertaining to detained persons. Consequently, the investigations described below were undertaken to prove the validity of these three assumptions. Firstly, reports of institution such as the Human Rights Commission and the Human Rights Watch, were employed to acquire a more in-depth understanding of the socio-economic conditions in prisons around Zambia. In their totality, the reports revealed that the majority of Zambian prisons are places where human rights violations manifest, due to the inhumane socio-economic conditions and treatment of prisoners. Secondly, a critical analysis of the provisions relevant to the socio-economic rights of prisoners in the Prisons Act1 and the Prison Rules2 and Zambian Constitution,3 was undertaken. The analysis, aimed at ascertaining the content of the law in so far as recognizing, protecting and realizing the socio-economic rights of prisoners, finds that neither of these pieces of legislation expressly recognize the rights in question. Consequently, the realization of these rights is dependant on general law which includes but is not limited to the Public Health Act,,sup>4 the National Health Services Act5 and the National Food and Nutrition Commission Act.6 Thirdly, the relevant provisions of both soft and hard international human rights law instruments including the Universal Declaration of Human Rights (UDHR),7 the International Covenant on Civil and Political Rights (ICCPR),8 the International Covenant on Economic, Social and Cultural Rights (ICESCR),9 the United Nations Standard Minimum Rules for the Treatment of Prisoners (SMR),10 the Body of Principles for the Protection of all Persons Under Any Form of Detention or Imprisonment,11 the Basic Principles for the Treatment of Prisoners,12 the African Charter on Human and Peoples’ Rights (ACHPR),13 the Kampala Declaration on Prison Conditions in Africa 14 and the Robben Island Guidelines15 were analyzed. The analysis of which the focal point is on whether Zambia is complying with the international minimum standards for the treatment of prisoners and prison conditions, leads to the finding that Zambia is in violation of numerous provisions in the aforementioned instruments and that the treatment of prisoners as well as IX the prison conditions in most prisons, falls short of international minimum standards. In summary, the various reports of a parastatal,16 the reports of NGO’s17 and the state party reports of Zambia18 to bodies of the United Nations and African Union, have rendered the abovementioned assumptions, actual facts. Put differently, the states’ failure to domesticate international human rights law, its inability to harmonize national laws and the judiciary’s failure to embrace its autonomy, are some of the factors that have resulted in a culture of undermining the value of the socio-economic rights of prisoners, which in turn impedes their realization. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted

The enjoyment of life depends on a minimum level of education including literacy. As one of the socio-economic rights, the right to education must be fully realised in order to empower great majority of people out there who are still facing social injustice. This study focuses on the right to education in Lesotho. The extent to which this country has incorporated socio-economic rights, specifically the right to education, is explored. The mechanisms through which the said right is turned into reality; the challenges such right entails and the approach taken by the government are also looked at. As a signatory to many human rights instruments, Lesotho is charged with an obligation of realising socio-economic rights. One of the many international law obligations facing Lesotho emanates from the provisions of International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 13 provides that state parties must recognise the right to education. Member states, as further provided, also agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. The above provisions are read with article 2(1) of the same Covenant with respect to the domestic implementation of the socio-economic rights in the ICESCR. Having analysed what is expected of Lesotho internationally to realise the right to education by looking at the provisions of the ICESCR and the General Comments of the Committee on ESCR, assessment is made as to whether the current measures adopted by the Lesotho government on working towards realising the right in question comply with the international requirements. The survey then concludes that there is a lot that needs to be done in Lesotho in the area of socio-economic rights. It has been recommended that India and South African jurisprudence can be of great importance to Lesotho for purposes of making laws which will give socio-economic rights teeth. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

In 1996, socio-economic rights were included in the Constitution of South Africa as fundamental human rights. The state is thus compelled to give attention to the protection of people's socioeconomic rights. The question is: Is it the duty of the state alone, or does the church also have a calling with regard to socio-economic rights? In this study, the calling of the church with regard to the protection of socio-economic rights in South Africa is researched. Firstly, socio-economic rights as ethical principle are evaluated in the light of the Scripture. The conclusion is that socio-economic rights are important human rights that can be grounded as fundamental human rights. Thereafter, the history of the origin of socio-economic rights is researched and evaluated. In the history of socio-economic rights, it is grounded in the natural dignity of a human being. However, the Bible teaches that God gave people dignity. The history of socio-economic rights in South Africa is also researched and evaluated. South Africa has a long history of colonialism, segregation and apartheid, and the church has not always been an effective advocate for socio-economic rights. To understand the calling of the church with regard to socio-economic rights, the calling of the church in society is researched. Views of different church and theological traditions are researched and evaluated. The reformed view focuses on the kingdom of God, and the calling of the church with regard to socio-economic rights is described as worship, fellowship, testimony and service. In conclusion, concrete guidelines of how to be an advocate for socio-economic rights are given to the church. / Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2007

Magister Legum - LLM / Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living. Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.” The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26. In considering the report submitted by South Africa, the United Nations Committee on Economic, Social and Cultural rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time. An examination of the housing rights jurisprudence reveals that housing rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.

Magister Legum - LLM / African states are interested in the development of nuclear power (also referred to as atomic power) for the generation of electricity and desalination. These include Algeria, Egypt, Ghana, Kenya, Morocco, Namibia, Niger, Nigeria, Tunisia, South Africa, and Uganda. The nuclear governance in South Africa has adopted principles into its legal system which require it to comply with the objectives of numerous resolutions, conventions, treaties, bilateral and multilateral agreements. Therefore, there is an obligation upon the government through ‘reasonable legislative and other measures’ to manage nuclear matters, such as nuclear accidents, in a manner that protects the general public, atomic industry workers as well as prevents the pollution of the surrounding environment. It has been seven years since the Fukushima Daiichi Nuclear Power Plant Accident that occurred in Japan on 11 March 2011, when considerable amounts of radioactive material from the damaged plant released into the environment. Health hazards, associated with exposure to low levels of ionising radiation, are a significant concern following such an accident. A nuclear disaster can potentially violate not only the right to health of workers, but that of residents and evacuees alike, particularly pregnant women, older persons, and children. Regional and international human rights conventions impose obligations on state parties to “take whatever steps necessary to ensure that the right to the highest attainable standard of health is enjoyed by all as soon as possible”. In most cases, when a nuclear accident occurs, workers within the nuclear plant are expected to mitigate emergencies. The danger of this expectation is that it could violate their fundamental human rights.

Student Number : 0215058X - PhD thesis - School of Law - Faculty of Commerce, Law and Management / Socio-economic rights have the potential to contribute to the achievement of social justice through insisting on the satisfaction of vital material needs. However, their effectiveness in this regard is compromised when they are incapable of tangibly contributing to the satisfaction of the needs that they represent. By including justiciable socio-economic rights in the text of the 1996 South African Constitution, its drafters indicated that South Africans are entitled to demand effective relief that amounts to adequate reparation for the harm suffered through the non-satisfaction of their vital material needs. The legitimacy of the constitutional order partially depends on the ability of socio-economic rights to live up to this promise. This dissertation examines the extent of this promise and the extent to which it is currently being fulfilled, in relation to a discrete set of rights - those that operate together to achieve the highest attainable standard of physical and mental health. I argue that successful reliance on healthrelated rights in litigation must, in appropriate circumstances, produce tangible benefits for individual rights-bearers. I explore the extent to which constitutional health rights may realistically be expected to render tangible benefits, examine the degree to which this potential of health rights is realised through current judicial approaches to their vindication and suggest manners in which such approaches may be modified and/or supplemented in order for tangible benefits to result more readily from successful vindication of health rights. In doing this, I attempt to show that a benefit-orientated approach to the interpretation and enforcement of health rights is not only required, but also facilitated by the Bill of Rights in the 1996 Constitution. Moreover, the Bill of Rights enables South African courts to interpret and enforce health rights in accordance with their benefit-rendering potential, without overextending judicial capabilities or transgressing the institutional boundaries of the judicial function. Courts are accordingly implored to acknowledge and affirm the justiciable nature of healthrelated rights and to adopt interpretative, evaluative and remedial practices that enable their tangible vindication in appropriate circumstances.

Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2007.