Can rights cure? The impact of human rights litigation on South Africa's health system
Can rights cure? The impact of human rights litigation on South Africa's health system

Author: Marius Pieterse

Publisher: PULP

Published: 2014-08-01

Total Pages: 198

ISBN-13: 1920538275

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Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.

Rights-based Litigation, Urban Governance and Social Justice in South Africa
Rights-based Litigation, Urban Governance and Social Justice in South Africa

Author: Marius Pieterse

Publisher: Routledge

Published: 2017-09-08

Total Pages: 273

ISBN-13: 1351671979

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Rights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.

African Disability Rights Yearbook Volume 5 2017
African Disability Rights Yearbook Volume 5 2017

Author: Charles Ngwena

Publisher: Pretoria University Law Press

Published: 2017-01-01

Total Pages: 234

ISBN-13:

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About the publication The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents SECTION A: ARTICLES The Basic Education Act of 2013 as a tool for advancing early childhood development and education for children with disabilities in Kenya Mirriam Nthenge ‘Access to justice of children with disabilities in defilement cases; a myth or reality?’ Bernadette Malunga, Ngeyi Ruth Kanyongolo & Ngcimezile Mbano-Mweso The socio-economic rights of children with disabilities in South Africa: A comparison between the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities Zita Hansungule & Trynie Boezaart ‘De-stigmatising psychosocial disabilities in South Africa’ Faraaz Mahomed & Michael Ashley Stein Mental illness, stigma and disability rights in Ghana Magnus Mfoafo-M’Carthy & Jeff Grischow Albinism in Africa: A proposed conceptual framework to understand and effectively address a continental crisis’ Mark P Mostert & Martha M Weich The identity question versus appropriateness of legal anti-discrimination measures: Endorsing the disability rights approach to albinism Abdallah Possi & Ally Possi SECTION B: COUNTRY REPORTS Djibouti Djibril Ismail Cher Madagascar Isambilo Rabearison-Andrianjara SECTION C: REGIONAL DEVELOPMENTS The right to the highest attainable standard of mental health in selected African countries: A commentary on how selected mental health laws fare against article 25 of the Convention on the Rights of Persons with Disabilities Elizabeth Kamundia Disability rights developments in the East African Community post-2012 Damalie Naggita-Musoke BOOK REVIEW Elizabeth Barnes Minority body: A theory of disability Charles Ngwena

Pharmaceutical Patent Protection and World Trade Law
Pharmaceutical Patent Protection and World Trade Law

Author: Jae Sundaram

Publisher: Routledge

Published: 2018-05-08

Total Pages: 255

ISBN-13: 1351973827

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Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve. Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country’s national constitutions.

Towards a Sociology of Health Discourse in Africa
Towards a Sociology of Health Discourse in Africa

Author: Jimoh Amzat

Publisher: Springer

Published: 2017-08-04

Total Pages: 172

ISBN-13: 3319616722

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This book discusses fundamental discourses relating to health in Africa arising out of the consequences of endemic diseases in Africa. It identifies, explains and illustrates the contexts, challenges and efforts to combat these diseases. The book provides a unique comparative analysis of African contexts of health, thereby not ignoring the global contexts of health within which Africa exists. It follows a macro-analytic stance about health in Africa framed around significant/pressing issues. "Discourse of disease" is part of a profound sociological discourse of health in Africa, which provides a framework for students, academics and healthcare practitioners to understand the states of health and healthcare in Africa.

Research Methods in Human Rights
Research Methods in Human Rights

Author: Bård A. Andreassen

Publisher: Edward Elgar Publishing

Published: 2017-05-26

Total Pages: 491

ISBN-13: 178536779X

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Methodological discussion has largely been neglected in human rights research, with legal scholars in particular tending to address research methods and methodological reflection implicitly rather than explicitly. This book advances thinking on human rights methodology, offering instruction and guidance on the methodological options for human rights research.

Transformative Environmental Constitutionalism
Transformative Environmental Constitutionalism

Author: Melanie Murcott

Publisher: BRILL

Published: 2022-10-24

Total Pages: 270

ISBN-13: 9004509402

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In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.

Law and the New Urban Agenda
Law and the New Urban Agenda

Author: Nestor M. Davidson

Publisher: Routledge

Published: 2020-04-23

Total Pages: 207

ISBN-13: 042958282X

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The New Urban Agenda (NUA), adopted in 2016 at the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) in Quito, Ecuador, represents a globally shared understanding of the vital link between urbanization and a sustainable future. At the heart of this new vision stand a myriad of legal challenges – and opportunities – that must be confronted for the world to make good on the NUA’s promise. In response, this book, which complements and expands on the editors’ previous volumes on urban law in this series, offers a constructive and critical evaluation of the legal dimensions of the NUA. As the volume’s authors make clear, from natural disasters and resulting urban migration in Honshu and Tacloban, to innovative collaborative governance in Barcelona and Turin, to accessibility of public space for informal workers in New Delhi and Accra, and power scales among Brazil’s metropolitan regions, there is a deep urgency for thoughtful research to understand how law can be harnessed to advance the NUA’s global mission of sustainable urbanism. It thus creates a provocative and academic dialogue about the legal effects of the NUA, which will be of interest to academics and researchers with an interest in urban studies.

The Protection of Economic, Social and Cultural Rights in Africa
The Protection of Economic, Social and Cultural Rights in Africa

Author: Danwood Mzikenge Chirwa

Publisher: Cambridge University Press

Published: 2016-10-20

Total Pages: 609

ISBN-13: 1316802558

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The Protection of Economic, Social and Cultural Rights in Africa critiques the three main models of constitutionally protecting economic, social and cultural rights in Africa - direct, indirect and hybrid models. It examines the choices that states have made, how the models have worked, whether they have been tested in litigation and the jurisprudence that has arisen. The book analyses the protection of the economic, social and cultural rights in a range of African countries: Angola, Cameroon, Ethiopia, Ghana, Kenya, Mozambique, Nigeria, Senegal, South Africa and Uganda. Leading legal academics explore how these rights feature at the regional and sub-regional levels, as well as the link between domestic and international mechanisms of enforcement.