Socio-Economic Rights in South Africa: Symbols or Substance?

ISBN-13: 9781107021143 / Angielski / Twarda / 2013 / 488 str.

Malcolm Langford

Opis

This work sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.

Recenzje

'Dugard, Cousins, Langford, and Madlingozi - clear voices that understand the power and limitation of rights language - have edited a pioneering work that should both inspire and chastise the South African human rights movement. They insightfully show a state and civil society seduced by the medium of economic and social rights, and how rights-based strategies can be dynamic, but also vulnerable to capture by the status quo. One cannot but conclude that the South African laboratory proves that the rights discourse is not a path for total liberation from human privation.' Makau Mutua, SUNY Distinguished Professor and Floyd H. and Hilda L. Hurst Faculty Scholar, State University of New York

Spis treści

1. Introduction: civil society and rights Malcolm Langford; Part I. Context and Contestation: 2. Constitutional jurisprudence: the first and second waves Stuart Wilson and Jackie Dugard; 3. Socio-economic rights beyond the public/private law divide Sandra Liebenberg; 4. Post-apartheid social movements and legal mobilisation Tshepo Madlingozi; 5. Political power: social pacting, human rights and the development agenda Adam Habib; Part II. Thematic Areas: 6. Rural land tenure: the potential and limits of rights-based approaches Ben Cousins and Ruth Hall; 7. Housing rights litigation: Grootboom and beyond Malcolm Langford; 8. Health rights: politics, places and the need for 'sites for rights' Peris Jones and Nyasha Chingore; 9. Social security rights: campaigns and courts Beth Goldblatt and Solange Rosa; 10. Urban basic services: rights, reality and resistance Jackie Dugard; 11. Realising environmental rights: civic action, leverage, and litigation Rachel Wynberg and David Fig; 12. Access to information and socio-economic rights: a theory of change in practice Kristina Bentley and Richard Calland; 13. Gender and socio-economic rights: the case of gender-based violence and health Liesl Gerntholtz and Jennifer MacLeod; 14. Migrants and mobilisation around socio-economic rights Tara Polzer Ngwato and Zaheera Jinnah; 15. Concluding perspectives Malcolm Langford, Jackie Dugard, Tshepo Madlingozi and Ben Cousins.