The UN’s Human Right to Water in the Context of New Water Governance Regimes in South Africa and Tanzania

2019 ◽  
pp. 285-330
Author(s):  
Eunice N. Sahle ◽  
Mary Galvin ◽  
Benjamin Pierce ◽  
Kara Todd
2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Porsche Makama

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.


Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.


Author(s):  
Тамерлан Шайх-Магомедович Едреев

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.


2021 ◽  
Author(s):  
Jakob Raffn ◽  
Andreas Aagaard Christensen ◽  
Marlene de Witt ◽  
Cathie Lewis ◽  
Charon Büchner-Marais

On Borders ◽  
2020 ◽  
pp. 249-272
Author(s):  
Paulina Ochoa Espejo

This chapter offers a moral explanation for why bordering states should share the governance of transborder rivers on the basis of place-specific duties; the argument can also be extended to other natural resources. The chapter offers a view of water governance that mediates between a universalist view based on a human right to water and an exclusivist view grounded on the principle of self-determination. The chapter offers the example of the river Grande (Bravo) on the U.S.-Mexico border, and argues that the obligation to share the governance of transborder rivers comes from duties to the complex systems that sustain life (including human life) in the natural water basin. These obligations overlap and crisscross the current border.


Sign in / Sign up

Export Citation Format

Share Document