Doctor Legum - LLD / Poverty and inequality are deeply entrenched in Kenya, with the country being one of the mostunequal countries in the world. To eradicate poverty and inequality, enhance the achievement ofsocial justice, fast-track human development, as well as to entrench participatory democracy and a culture of justification in governance, Kenya has, for the first time, entrenched justiciable socio-economic rights (SERs) in its 2010 Constitution. In this thesis, I undertake a criticalanalysis of the prospects for the implementation and enforcement of the entrenched SERs as well as the probable challenges that Kenya may face in their realisation. In this endeavour, the thesis develops a theoretical and interpretive approach for the realisation of these entrenched SERs. It entails an expansive analysis of the nature, scope, content and extent of the SERs entrenched in the 2010 Kenyan Constitution, and especially the place of international human rights obligations contained in customs and ratified international human rights treaties due to the provisions of the 2010 Constitution which espouse the direct application of international law in Kenya’s domestic legal system. It is submitted in this thesis that in order to improve the socio-economic conditions of the poor, vulnerable and marginalised groups in Kenya, there is a need for their socio-economic as well as political empowerment to enable them to effectively take part in societal decision-making in both the public and private spheres with regard to resource (re)distribution. The theory of dialogical constitutionalism, based on the constitutionally entrenched principle of popular participation in governance and public decision-making, is aimed at the realisation of both political and socio-economic empowerment of these groups. Even though the theory of dialogical constitutionalism underscores the importance of litigation in the achievement of the transformative aspirations of the 2010 Kenyan Constitution contained in the entrenched SERs, it acknowledges that litigation is not the panacea of SER enforcement, and that other political and advocacy strategies play an important role in the emancipation of the socio-economically deprived groups in society. The thesis thus advocates a multi-pronged strategy which espouses the equal participation of all sectors of society in a collaborative and cooperative deliberative effort aimed at the full realisation of the entrenched SERs. To accompany the above theoretical framework for the interpretation and implementation of the entrenched SERs, the thesis further proposes a transformative and integrated approach which combines the progressive aspects of the minimum core approach and the reasonableness approach. This is an approach of purposive interpretion which, in the first instance, envisages the courts undertaking a strict and searching scrutiny of the SER implementation framework developed by the political institutions of the State to ensure that sufficient provision has been made for the basic necessities of the most poor and vulnerable groups in society, basically the espousal of a minimum core content approach. The approach entails the requirement that should the SER implementation framework fail to provide this basic minimum to vulnerable groups, and the political institutions do not provide a substantive justification as to the failure, then the courts should find the relevant SER implementation framework per se unreasonable and thus invalid. However, should the implementation framework provide sufficiently for the basic essentials for vulnerable groups, the courts should then proceed to review it using the reasonableness standards that have been developed by the South African Constitutional Court. The rationale for this searching analysis is the acknowledgement that if the needs and interests of the most indigent and marginalised in society are not catered for, the entire corpus of rights in the Bill of Rights becomes redundant. The thesis then undertakes a case study of two rights, the right to food and the right to housing, using the theoretical and interpretive approaches developed in the previous chapters of the thesis. On food security, the thesis finds that Kenya is a food insecure country with a declining food production capacity. This is basically due to a lack of subsidy to farmers, global warming leading to intermittent rainfall, lack of investment in sustainable agriculture as well as a fragmented and contradictory legislative and policy agenda. In response to this situation, the thesis proposes the adoption of a livelihoods approach to food security in Kenya, based on the constitutionally entrenched right to food and other supporting rights. This approach advocates the enhancement of the food entitlements of the different sectors of the Kenyan society to ensure their access to adequate and nutritious food, be it through self-production or through the market. On the right to housing, the thesis finds that housing plays a crucial role in ensuring that people are able to have a holistic, dignified and valuable existence. However, Kenya faces a dire housing situation, with the majority of Kenyans, both in rural and urban areas lacking adequate shelter and sanitary conditions, evidenced by the large informal settlements in urban areas and the squatter phenomenon in rural areas. With the entrenchment of a justiciable right to adequate housing in the 2010 Constitution, the study finds that several legislative and policy reforms are underway to improve the housing situation, with efforts being made to draft the Landlord and Tenant Bill 2007, the Housing Bill 2011, the Evictions and resettlement Guidelines and the Evictions and Resettlement Procedures Bill, 2012, among others. The thesis proposes that these legal reforms must be undertaken within an environment of cooperative and collaborative strategic partnership involving all sectors of society so as to ensure that the housing concerns as well as interests of all are catered for.

"The relevance of social and economic rights to societal welfare and well-being need not be overemphasised. The quality of life enjoyed by the citizenry is directly related to the level of enjoyment of social and economic rights in any particular country. However, the enjoyment of social and economic rights is, in turn, largely predicated on the manner in which national resources are managed and directed towards obligations raised by social and economic rights. It is axiomatic, therefore, to devise a framework that ensures that managers of public resources operate within an environment where their actions in relation to the management of national resources are governed by transparency and accountability. In the light of the above, this study explores the relationship that exist between the social trust concept and leadership roles, particularly in as far as duty bearer accountability for social and economic rights is concerned. The study argues that social trust based devices can be used to enhance duty bearer accountability in relation to social and economic rights and that such increased duty bearer accountability will automatically serve to better the welfare of the citizenry. The viability of recognising and enforcing social trust based accountability mechanisms is highlighted by exploring its relevance to Malawi and Uganda. The crux of the study is that public functionaries must always be amenable to censure by the citizenry if diligence is to be infused in the performance of their duties and the social trust concept offers adept mechansisms for achieving this." -- Abstract. This study consists of five chapters. Chapter one provides the context and foundation of the study. Chapter two is devoted to explaining the nature and scope of the social trust concept and how it can validly, if at all, be extended into the public law realm. Chapter two also expounds on some basic concepts employed in the study. Chapter three is aimed at providing and understanding of leadership roles and explaining their relevance to social economic rights. Briefly put, chapter three explores the interface between social economic rights and social trust based leadership roles. Chapter four discusses the benefits of revitalising a social trust based conception of leadership roles particularly by highlighting why Malawi and Uganda need social trust based leadership roles. The chapter also outlines how the benefits of a revitalised duty bearer accountability can be realised. Chapter five will present the study's conclusions and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Ben Twinomugisha at the Faculty of Law, Makerere University, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights. Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children. The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights. Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children. The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

- Economic rights in copyright The theme of this thesis are economic rights in copyright. They are one of two categories which compose the content of copyright. The second category is called copyrights related to personality. These two categories of copyright can not be separated by exact borderline - economic rights in copyright include economic component, and vice versa. Economic rights in copyright are rights which have economic importance for their right holder. Economic rights in copyright can be divided into two main categories: exploitation right (in wide sense) and other economic rights in copyright. Exploitation right in wide sense include exploitation right and right of granting licence to other person. The aim of my thesis is to analyse and summarize contemporary situation of a legislation regulating economic rights in copyright and institutes relating to them. The thesis is composed of six chapters. The purpose of Chapter One is to explain what is a content of copyright and to briefly describe economic rights in copyright and copyrights related to personality in two parts of this Chapter. Chapter Two of the thesis is called economic rights in copyright. This chapter is subdivided into five parts. First part deals with influence of a definition of concept ,,thing" in New Civil Code upon...

Magister Philosophiae - MPhil / The South African Constitution, 1996 has placed the right to sufficient water as a Constitutional right. The provision of this right by the Constitution intends to redress the violation of human rights, to ensure that South Africa’s scarce water resources are protected from pollution and that every South African, including the poor and the marginalised, enjoys them. Consequently, the Constitution has placed a legal obligation on the government to realise the right to have access to sufficient water. In order for the government to fulfil its obligation to provide water as a right for present and future generations, it will need to implement the relevant legislation effectively to protect the country’s water resources. This study analyses Section 27 of the Constitution, which provides for the right to access to water, and the role of sustainability in conserving and protecting water resources, given the recurring water challenges.

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On legal-philosophical grounds the constitutional protection of socio-economic rights has been the subject of much debate. The question is whether socio-economical rights should be protected by a constitution and, if so, to what extent. In this study a theological-ethical evaluation is done about socio-economical rights and the protection thereof. This is done by examining certain Biblical themes and parts of Scripture of the Old and New Testament. From this investigation it is clear that socioeconomical rights are very important human rights that must be protected as effectively as possible. Several points of view on the constitutional protection of socio-economical rights are investigated and evaluated. These points of view are based on legal-philosophical grounds and argue respectively against the constitutional protection of socioeconomical rights, the protection of socio-economical rights as directive principles and the protection of socio-economical rights as fundamental rights. From this investigation it is clear that in principle the constitutional protection of socioeconomical rights as fundamental rights is the most effective way to protect these rights. The current state of affairs with regard to socio-economical rights in the Constitution of South-Africa is also investigated and evaluated. From this investigation it is clear that the Constitution does protect certain socio-economic rights, but not all of them. The rights to labour, clothing and scientific progress do not occur in the Constitution. In principle the right to labour is a very important socio-economic right and it leads to the realization of other socio-economic rights. The Constitution of South Africa also has several measures in place to ensure the protection of socio-economic rights. In spite of these measures, the socio-economic rights in the Constitution remain little more than rights on paper. There state, private sector, church and each individual will still have to do a lot to ensure the protection of socio-economic rights in South-Africa. / Thesis (M.Th. (Ethics))--North-West University, Potchefstroom Campus, 2004.