From the global to the local: The role of international law in the enforcement of socio-economic rights in South Africa
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Date
2009
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Community Law Centre, University of the Western Cape
Abstract
This research report demonstrates that international human rights law played a quintessential role in the drafting of the Constitution of South Africa, 1996, particularly the Bill of Rights, and that this was more so with regard to socio-economic rights where the provisions of the International Covenant on Economic, Social and Cultural Rights
(ICESCR) highly influenced the guarantees of these rights under the Constitution, both in terms of language and content. The role of international human rights law has been even more pronounced in the South African socio-economic rights jurisprudence that has developed since 1994. Courts have referred to and applied international human rights law norms directly. This paper argues, however, that there are some areas where courts have fallen short in their appreciation and/or application of international human rights law.
Description
Keywords
Socio-economic rights, Minimum core obligations, International human rights law
Citation
Kapindu, R. (2009). From the global to the local: The role of international law in the enforcement of socio-economic rights in South Africa. Community Law Centre, University of the Western Cape