Doctor Legum - LLD

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Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana
(University of the Western Cape, 1991) van Ravenswaay Whelpton, Frances Peter; Vorster, L P
This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between tribes but is also affected by the degree of westernization that has taken place among the blacks, a microstudy has been done in a semi-rural area to establish if own value-systems are altered and replaced when Western legal institutions are used. Information was obtained by interviewing a panel of specialists and compared with available literature. During the process of gathering information the aims were not only to describe how the legal principles function but also to take note of those social processes which function outside the law. Although it is possible to identify general principles and different contracts, the individual character of each contract must always be borne in mind since a contract is more than a devise for establishing the economic and legal implications of a transaction. Contracts are real in nature which means that no contractual liability arises from a mere promise or an agreement.
The effect of a constitution and bill of rights on abortion in South Africa: A comparative study
(University of the Western Cape, 1995) Sarkin, Jeremy Julian; du Plessis, L.M
This dissertation explores the effect that, the new democratic order could have on the abortion laws of South Africa. In particular, it investigates how the Transitional Constitution with its Bill of Rights may impact, on these laws, and some speculation on the import of the final Constitution is hazarded. The two major issues that are examined are therefore abortion and constitutionalism and it, is appropriate to begin with working definitions of these concepts. Abortion, sometimes known as termination of pregnancy, has both medical and IegaIly definitions. The selection of at definition has a lot to do with the definer, attitude towards abortion. An abortion can occur spontaneously or because it is induced. Medically it is usually used to describe the process whereby the contents of the uterus are expelled. This is usually deemed an abortion if it, occurs before viability, or the point after which a foetus can survive outside the womb independently. Medically, an induced abortion after viability is known as premature labour. Legally speaking an abortion can take place at any point during gestation. !!bile_ in the past it. was largely considered criminal, no matter at what, point, it occurred, whether it. is so characterised currently depends on the law in a particular country. Thus, the illegality of an abortion and when such illegality arises varies from country to country. The point at which pregnancy commences is also the subject of debate. Some fix it after fertilisation or the moment. when the ovum and sperm join. Others, however, see implantation, when the developing egg or blastocyst, is implanted in the waII of the uterus, as the point which marks the beginning of pregnancy.
An analysis of the human rights and gender consequences of the new South African constitution and bill of rights with regard to the recognition and implementation of Muslim personal law (MPL)
(University of the Western Cape, 1996) Moosa, Najma; du Plessis, L M
Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed to them by religion and culture. The author of this dissertation is herself a Muslim woman who has struggled to reconcile her public life and "new found" equality with these identities. She found it difficult to believe that Islam, the self same religion which had brought seventh-century Arabian society out of its degenerating stupor, could be used to justify behaviour by conservative religious authorities ( Ulama) in South Africa which deny women equality. 1 Earlier research2 partly allayed her suspicions and fears but did not lay them to rest completely. The fact that South Africa was to face a human rights revolution which would ultimately affect the lives of all her citizens for the better, sparked off a desire within the author to establish whether it is not possible to reconcile the undeniable and unalterable spirit of equality within Islam with the implementation of a reformed Muslim Personal Law (MPL)3 so that women can enjoy the best of both worlds. It
The role of international law in juvenile justice Reform in south africa
(UWC, 2001) J, SLOTH-NIELSEN
This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 (International Law and Juvenile Justice Reform), repressive juvenile justice laws and practices were highlig hted by advocacy groups during the mid to late 1980s and early 1990s prior to the adoption of the interim Constitution of 1994. Subsequent to democratic elections in 1994, juvenile justice reform continued to remain high on the political agenda during the first years of transition to democracy. Legislative reforms were in itiated shortly after this, and a succession of amendments and draft legislative proposa ls were put forward . Afte r t he adoption of the final Constitution in 1996, a process of juvenile justice law reform was undertaken by the South African Law Commission, and a number of significant judicial decisions were handed down . The influence of international law upon these various legal developments and initiatives will consequently form the central topic of analysis.
Die swart vrou se reg om te erf
(University of the Western Cape, 2004) Knoetze, Elmarie; de Villiers, F.A.
Hierdie studie het ten doel die ondersoek na die Swart vrou se reg om te erf, met besondere verwysing na die bestaanbaarheid van die manlike eersgeboorteregsreel in 'n grondwetlike konteks. Die metodologie is die van 'n kritiese analise van toepaslike wetgewing, regspraak en regsliteratuur, gesien teen die agtergrond van die besondere aard en kenrnerke van die inheemse erfopvolgingsreg. Die inheemse erfopvolgingsreg word gekenrnerk deur intestate erfopvolging van manlike verwante in die patriliniese lyn, ter uitsluiting van vroue. Erfopvolging is nie beperk tot enkelvoudige huishoudings nie, maar omvat ook meervoudige huishoudings. Verskeie inheemsregtelike meganismes word aangewend om die opvolging van 'n manlike erfopvolger te verseker, wat ingevolge die inheemse reg verplig is om die oorledene se gade(s) en afhanklikes te onderhou. Regspraak in die eertydse Appelhofvir Kommissarishowe bevestig die erkenning en toepassing van die manlike eersgeboorteregsreel, met die gepaardgaande onderhoudsverpligting op die erfopvolger. Die regspraak blyk geen onderskeid tussen die toepassing van die eersgeboorteregsreel ten opsigte van die verdeling van goed en opvolging in status te maak nie, hoewel veldnavorsing skyn aan te toon dat die "lewende" inheemse reg duidelik tussen die twee begrippe onderskei. Veldnavorsing bevestig afwyking van die manlike eersgeboorteregsreel ten opsigte van die verdeling van goed, maar daar is weinig bewys van die nie-erkenning van die manlike eersgeboorteregsreel ten opsigte van die opvolging in status. Die toepassing van die manlike eersgeboorteregsreel word deur wetgewing gesanksioneer primer deur die aanwysing van die huwelikstatus en -vorm van die erflater as deurslaggewende faktor in die aanwysing van 'n toepaslike regstelsel ooreenkomstig die inteme konfliktereg. Hiervolgens vererf die boedel van ongetroude Swartes en Swartes getroud ooreenkomstig die inheemse reg ingevolge die inheemse erfopvolgingsreg. Enkele statutere bepalings maak voorsiening vir die diskresionere toepassing van die gemenereg.
The domestication of international law standards on the rights of the child with specific reference to juvenile justice in the African context
(University of the Western Cape, 2005) Odongo, Godfrey Odhiambo; Sloth-Nielsen, Julia; Faculty of Law
The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).
Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms
(University of the Western Cape, 2005) Chirwa, Danwood Mzikenge; Sarkin, Jeremy; Liebenberg, Sandra; Faculty of Law
This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.
An Assessment of the Significance of the International Labour Organisation's Convention 182 in South Africa with specific reference to the Instrumental use of Children in the Commission of Offenses as a Worst Form of Child Labour
(University of the Western Cape, 2007) Gallinetti, Jaqueline Susan.; Nielsen, Julia Sloth; Faculty of Law
An analysis of the various forms of child labour since the industrial revolution illustrqtes that the primary focus was on working children and regulating their admission to employment and conditions of work, as demonstrated by the eventual adoption of the International Labour Organisation's Convention No. 138 concerning the Minimum age for Admission to Employment in 1973. Although the 20th century also ushered in the International censure for human rights violations in the form of supra-national binding conventions on slavery, forced labour and trafficking, these efforts had no specific focus on children and there was no internationally binding legal instrument that recognised the economic exploitation of children extended far beyond mere working conditions and employment issues to commercial sex exploitation, debt bondage and slavery. This thesis sought to evaluate the theoretical and practical soundness of Convention 182 generally in relation to South Africa more specifically.
Die ontwikkeling van ŉ holistiese behuisingsevalueringsmodel vir laekostebehuising
(University of the Western Cape, 2007) Erasmus, Charlene Jennifer; Albertyn, Ruth M.; Schutte, D.; Dept. of Human Ecology
Human ecologists agree with the government’s view that a house encompasses more than a structure, and that its environment and location are equally important in meeting the needs and expectations of the occupants. This study was undertaken to establish whether the planning and building of housing units do indeed comply with government policy and adhere to the set standards for houses being “more than just a structure”. In evaluating the housing act, questions were raised about government’s accountability regarding the enforcement of stipulations, with a view to offering guidelines that could be applied by housing practitioners. The aim of the study was to develop a holistic evaluation model for low-cost housing from the perspective of human ecology. The research aims were to obtain information about circumstances and conditions within a specific community (Objective 1). The study endeavoured to develop a holistic housing evaluation model (Objective 2) based on housing indicators for healthy housing. A questionnaire (objective 3), corresponding with the compound model, was designed to ascertain to which extent the needs of individuals in the Wesbank community (Objective 4) had been met in compliance with the indicators. A community profile (Objective 5) of Wesbank was then drawn up accordingly. Government legislation in respect of low-cost housing in Wesbank was evaluated according to the holistic housing evaluation model (HHEM) to determine to what extent the housing served the needs of families. Evaluation research was undertaken using multiple data collection techniques such as a documentary content analysis, a semantograph, focus groups and a survey conducted by means of a structured questionnaire. The HHEM was compiled by studying government policy and legislation, analysing the literature and identifying indicators as obtained from the focus groups, with the purpose of determining housing quality. By using the HHEM it became possible to identify community needs and other housing aspects, and to draw up a community profile. Meaningful conclusions about problematic areas in this particular environment were then presented visually by means of this model, which could readily be implemented by development practitioners. The HHEM served as a basis for the questionnaire used in a survey conducted in the Wesbank low-cost housing area, evaluating to what extent the project complied with the objective of providing houses that would be more than mere structures. From the findings of the study in Wesbank it appeared that aspects such as the quality of the physical structure, space and privacy, sufficient and sustainable provision of services and accessibility to facilities determine how the occupants of low-cost housing experience their structures. trong opinions have been voiced about a serious shortage of privacy and the poor quality of the housing structures, the latter resulting in conditions of ill health. The research found that housing development in Wesbank definitely did not contribute to improved health and the quality of life amongst the inhabitants. A community profile for Wesbank was then drawn up in response to the results of the survey. Based on the community profile that ensued from the study in Wesbank, it is recommended that educational housing programmes be made available to beneficiaries. Concomitantly, community facilities and physical development should be provided to advance all forms of socio-psychological, cultural and sports development. A study of alternative types of housing, building material and construction techniques needs to be launched to find a suitable product that would contribute to improved health and living conditions. A careful selection of contractors, close monitoring of the construction operations and the application of quality standards should be strictly enforced. Other recommendations are that developers hould first undertake a complete and thorough survey of the beneficiaries of proposed housing developments. The HHEM could be enforced in areas with different economic and income levels, and applied in further research, thereby creating comparative profiles of the respective communities. Participation by beneficiaries should be encouraged in any housing process, as this could possibly ensure the sustainability of their communities. With the HHEM the government and housing developers in new developments could ensure beforehand that the right type of housing will be built and developed for the right type of community. The HHEM can also be applied in existing areas for executing needs studies to serve as a guideline for development.
The situs of the registered trade mark right in South African law considered in the light of parallel importation
(University of the Western Cape, 2007) Martin, Bernard Samuel Charles; Van Reenen, TP
National trade mark registers exist in most jurisdictions around the world despite the demands of international trade in the global economy', the global economy being reputed to abhor all barriers to trade such as those which national trade mark registrations have created.2 The conflict and tension generated by the existence of national registers and the demands of international trade manifest themselves most acutely in the phenomenon of parallel importation.t The responses to this tension, evidenced in the manner in which the courts have dealt with parallel importation a prompted the present investigation of the situs of the registered trade mark right. The system of separate registrations in each jurisdiction suggests that the right that derives from each registration is limited to the jurisdiction in which registration has occurred, whereas the manner in which parallel importation has been dealt with suggests that there is one international trade mark rights. requirements.ls it is possible for a trade mark to be created in terms of each subsystem using the same symbol because of the semi-independence of the subsystems from each other.l6 The common law does not enforce the registered trade mark right and the TMA does not enforce the common law trade mark right.17 The SA common law and TMA are both parts of the legal system of a single jurisdiction; therefore there has to be a rapprochement between the two.18 Their interaction necessitates a detailed examination of the common law trade mark in order to provide a more holistic understanding of the creation of the registered trade mark right. Creation of a trade mark asIlP is therefore considered in terms of the rules of both subsystems.
Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies
(University of the Western Cape, 2007) Mbazira, Christopher; De Vos, Pierre F.; Faculty of Law
Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge either the success or failure of judicial decisions. Judicial remedies make the rights whole, they complete the justiciability of human rights because without them human rights remain statements of legal rhetoric. The nature of the remedies that the courts grant is not only based on the normative nature of the rights they seek to enforce. They are also influenced by factors such as the goals and objectives of judicial remedies as defined, amongst others, by the ethos of either corrective or distributive forms of justice. This thesis explored these factors and their impact on judicial remedies. Stress is put on the impact of the separation of powers doctrine, institutional competence concerns and on the forms of justice pursued by courts. The study is based on the judicial enforcement of the socio-economic rights protected in the South African 1996 Constitution. The research undertaken here was intended to guide scholars, legal practitioners and judicial officers who confront socio-economic rights issues as part of their daily work.
Institutional recognition and accommodation of ethnic diversity: federalism in South Africa and Ethiopia
(University of the Western Cape, 2008) Fessha, Yonatan Tesfaye; Steyler, Nico
This thesis focuses on federalism and ethnic diversity. Using two case studies.
Efficiency and social capital in Micro, Small and Medium Enterprises: the case of Ethiopia
(University of the Western Cape, 2008) Worku, Eshetu Bekele; Jacobs, Peter; Adams, Ismail; Dept. of Economics; Faculty of Economics and Management Sciences
This study extends the existing literature on how social networks enhance the performance and sustainability of small enterprises. More specifically, the study isolates and investigates the mechanisms through which social capital helps with the growth and survival of MSMEs. The evidence presented in this study strongly suggests that an indigenous social network widely practiced in Ethiopia, the "iqqub", contributes significantly to the start-up, survival and development of urban MSMEs.
Intercountry adoption in an African context: a legal perspective
(University of the Western Cape, 2009) Mezmur, Benyam Dawit; Sloth-Nielsen, Julia; NULL
Although it may seem ironic that a policy affecting so few children should engage so much political and social attention, the symbolic significance of intercountry adoption far outweighs its practical import. This fact is partly demonstrated by the polarised views on intercountry adoption, and opinions continue to be divided over the necessity and propriety of the practice. At present, there can be few who would quibble with the fact that African children are attracting an increasing attention from prospective adoptive parents living in other parts of the world. Celebrity adoptions (the adoptions of Angelina Jolie and Madonna) have contributed to this increased interest in African children. While intercountry adoption from African countries is still quite modest compared to adoptions from the top four countries of origin, there are concrete reasons to believe that interest in adoption from African countries will continue to increase. Thus, while Africa is “the new frontier” for intercountry adoption - it is highly questionable if the continent is equipped to provide its children with the necessary safeguards in respect of the practice. A central thesis of this study was to explore how the best interests of the African child can be upheld in intercountry adoption. In connection with this thesis, a number of related research questions were raised, such as: does the African context present any peculiar situations that are relevant to intercountry adoption? Does the African Children’s Charter (ACRWC) add any value to the provisions of the CRC in addressing African realities relevant for intercountry adoption? What are some of the challenges, lessons, and opportunities for the regulation of intercountry adoption on the African continent? Five themes are considered in dedicated Chapters of this study. They are the African context; the international legal framework; adoptability; the principle of subsidiarity; and illicit activities in respect of intercountry adoption. It is argued that context matters, and there are historical, cultural, social, religious, and legal contexts that are relevant for intercountry adoption in Africa. Since human rights issues are at the core of the current debate over intercountry adoption, international children’s rights law is also very crucial for the discussion. Four countries (Ethiopia, Kenya, Malawi and South Africa) are used in this study in supplementary fashion to demonstrate African countries’ experiences. The study identifies the role of various stakeholders for the promotion and protection of children’s rights in Africa in respect of intercountry adoption. It is concluded that as a predominantly sending continent, Africa’s views on intercountry adoption issues should be seriously considered and taken into account, if a socially and legally sound, and child-centred, intercountry adoption regime is to be formed on the continent.
Life imprisonment in international criminal tribunals and selected African jurisdictions - Mauritius, South Africa and Uganda
(University of the Western Cape, 2009) Mujuzi, Jamil,d; Fernandez, Lovell
It is rare in law and in other disciplines for a word or a phrase to appear to mean what it does not. This is, however, true when it comes to life imprisonment or life sentence. I Unlike sentences like the death penalty, there have been instances where even those who are expected to know the meaning of the sentence of life imprisonment have misunderstood it.2 This misunderstanding is compounded by the fact that even dictionaries that have always helped us to understand the meaning of the words are of little help when it comes to the definition of life imprisonment. The Oxford Advanced Leamer's Dictionary, for example, defines life sentence to mean 'the punishment by which [some body] spends the rest of their life in prison." It goes ahead to define a 'lifer' as 'a person who has been sent to The ambiguity of life imprisonment could partly explain why the campaign prison for their whole life." to abolish the death penalty and substitute it with life imprisonment has option to choose between the death penalty and life-imprisonment,
Life imprisonment in international criminal tribunals and selected African jurisdictions - Mauritius, South Africa and Uganda
(University of the Western Cape, 2009) Mujuzi, Jamil DDamulira; Fernandez, Lovell
It is rare in law and in other disciplines for a word or a phrase to appear to mean what it does not. This is, however, true when it comes to life imprisonment or life sentence. I Unlike sentences like the death penalty, there have been instances where even those who are expected to know the meaning of the sentence of life imprisonment have misunderstood it.2 This misunderstanding is compounded by the fact that even dictionaries that have always helped us to understand the meaning of the words are of little help when it comes to the definition of life imprisonment. The Oxford Advanced Leamer's Dictionary, for example, defines life sentence to mean 'the punishment by which [some body] spends the rest of their life in prison." It goes ahead to define a 'lifer' as 'a person who has been sent to The ambiguity of life imprisonment could partly explain why the campaign prison for their whole life. The ambiguity of life imprisonment could partly explain why the campaign to abolish the death penalty and substitute it with life imprisonment has option to choose between the death penalty and life-imprisonment, many been successful in many parts of the world. When people are given the option to choose between the death penalty and life-imprisonment, many would oppose the former and favour the latter for various reasons. This is because, inter alia, many people think that an offender sentenced to life imprisonment will be detained for the rest of his natural life. This is of course not true in some cases, and, as Lord Mustil held, The two tribunals that were established after the World War III, the Nuremberg Tribunal and the International Military Tribunal for the Far East, the Tokyo Tribunal, were empowered to impose the death penalty and indeed, as will be discussed later in detail, some offenders were sentenced to death." Although these tribunals were not expressly empowered to 2 sentence offenders to life imprisonment, they did sentence some of the offenders to life imprisonment. However, the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC) all have jurisdiction to sentence offenders to life imprisonment. At the time of writing, the ICC had not completed any case and therefore had no jurisprudence on life imprisonment." The ICTR has sentenced more offenders to life imprisonment and imprisonment for the remainder of their lives than the ICTY. This thesis reviews cases on life imprisonment in international criminal tribunals in order to examine the theories of punishment that these tribunals considered in sentencing offenders to life imprisonment. There are cases where the ICTR has sentenced offenders to imprisonment for the rest of their natural lives. From a human rights perspective the thesis argues that imprisonment for the remainder of the offender's natural life is inhuman punishment. The statutes of the ICTY, ICTR and ICC provide for circumstances where an offender sentenced by any of those tribunals could be released before the completion of his or her sentence. It is on that basis that it is argued that even offenders sentenced to 3 imprisonment for the remainder of their lives by the ICTR could be released.
The right to freedom of religion in the public domain in South Africa
(University of the Western Cape, 2010) Lenaghan, Patricia Michelle; Sachs, Albie; Gallinetti, Jacqueline; NULL
Within the context of South Africa‘s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights. The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered. International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards; secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all its aspects and in particular the right to freedom of religion.
Intergenerational solidarity and the provision of support and care to older persons
(University of the Western Cape, 2010) Malherbe, Ethel Denise; du Toit, Darcy; Faculty of Law
This thesis deals with a very important issue in South African society, i.e. the provision of financial and non-cash support to older persons. Older persons in South Africa can be described as a sizeable but vulnerable group requiring specific protection. Section 27 of the South African Constitution of 1996 obliges the state to take reasonable legislative and other measures within available resources to progressively realise the right of access to social security. Hence, the steps taken by the state to promote older persons’ right of access to social security and to protect their right to dignity need to be evaluated. The legislative framework for the provision of financial and non-cash support to older persons currently is fragmented into various statutes dealing with retirement income, state grants to older persons and care and support services for older persons. Therefore, the current legislation lacks an integrated approach to the provision of support and care to older persons, as well as a central principle on which to base future legislation concerning older persons. One such principle that could potentially be adopted is intergenerational solidarity, which can be described as the solidarity between the active working-age population, as one generation, from which benefits flow to older persons as the other. This thesis evaluates whether intergenerational solidarity should form the basis of South African legislation on the provision of retirement income and the provision of care and support to older persons, and if so, whether it in fact does. If the answer to the latter is in the negative, the thesis further examines whether the current process to reform the retirement income system and related legislation in South Africa would be a suitable platform to introduce the concept of intergenerational solidarity to legislation concerning older persons.
The role of international human rights law in guiding the interpretation of women's right to be free from violence under the South African constitution
(University of the Western Cape, 2010) Heléne Combrinck; Sloth-Nielsen, Julia; NULL; Faculty of Law
The thesis firstly looks at how women's right to freedom from violence has developed in international (global) human rights law since the early 1990s. In this regard, the study finds that while the issue of violence against women (and women's rights generally) was barely on the international human rights agenda at the beginning of this period, an enormous degree of development has subsequently taken place. Through the adoption of documents such as General Recommendation No. 19 by the Committee on the Elimination of Discrimination against Women, the Declaration on Elimination of Violence against Women and the Beijing Declaration and Platform of Action, international norms and standards were set regarding role of the State in providing women with protection against violence.
Women’s Socio-Economic Rights in the Context of HIV and AIDS in South Africa: Thematic Focus on Health, Housing, Property and Freedom from Violence
(University of the Western Cape, 2011) Amollo, Rebecca; van der Poll, Letetia; De Vos, Pierre F.; Faculty of Law
The thesis finds that the majority of women affected by HIV and AIDS in South Africa still live in conditions of poor access to health services, inadequate access to housing, limited access to property and live amidst gender-based violence. Nevertheless, there exist legal protections and jurisprudential developments in the country that are significant for the realisation of women's rights in the context of HIV and AIDS. The thesis concludes that the law is not the ultimate site for change to improve women's lives, but that applied with other efforts, can be transformative.

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