Browsing by Author "Loedolf, Kim-Leigh"

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    Interpreting the right to work and its application in the South African legal framework
    (North-West Unversity, 2024) Loedolf, Kim-Leigh
    The article discusses the right to work within the context of South Africa. South African law, at present, does not provide for a right to work as provided for by the international covenant on economic, social and cultural rights (ICESCR). Implementing the right to work might address the high unemployment rate in South Africa and it is concerning that the right to work has not yet been considered as potential solution. The aim of the article is to interpret the right to work through the interpretive lens of the united nations committee on economic, social and cultural rights. The article discusses the obligations created by the ICESCR and the progress the government of South Africa has made to meet the state obligations relating to the right to work as provided by the ICESCR. The article concludes with a comprehensive definition of the right to work and suggests that the government of South Africa, adopt the right to work immediately as a means to avoid further hardship partially caused by the lack of a rights framework guaranteeing the right to work in South Africa.
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    Violence against women in South Africa: an event that disturbs public order in terms of the oau refugee convention?
    (Universty of the Western Cape, 2024) Grosch, Shunelle; Loedolf, Kim-Leigh
    The OAU Refugee Convention incorporates and expands upon the refugee definition outlined in the 1951 UN Convention, with the aim of addressing the unique challenges faced by refugees in Africa. Despite this, little is known about the implementation of the expanded refugee definition outlined in OAU Refugee Convention. This thesis critically analyses the OAU Refugee Convention, particularly the enumerated refugee producing ground of “events seriously disturbing public order” (ESDPO). Despite its ambiguous nature, the ground of ESDPO is becoming increasingly significant in asylum applications. This thesis acknowledges that ESDPO encompasses a series of international or domestic instances of war, violence and climatic events that grossly violate the fundamental human rights of an indeterminable number of individuals within their country of origin. These fundamental human rights include the right to life, human dignity, freedom and security of person. Violence perpetrated against women is a clear infringement upon the fundamental human rights of women worldwide. South Africa is known as the femicide capital of the world. Furthermore, the prevalence of violence against women in South Africa has reached epidemic proportions, posing a significant societal problem. Against this backdrop, this thesis examines the extent to which violence against women in South Africa constitutes ESDPO in terms of the OAU Refugee Convention.