The International Evolution of the Right of Children to Social Security

2017 ◽  
Vol 30 (2) ◽  
pp. 484-503
Author(s):  
Gugulethu Nkosi
Keyword(s):  
Social Security ◽  
Economic Rights ◽  
Cultural Rights ◽  
Legal Documents ◽  
Welfare Of The Child ◽  
African Charter ◽  
The Right ◽  
Scarcity Of Resources ◽  
International Instruments ◽  
Social Security Beneficiaries

This article seeks to provide an analysis of the right of children to social security as provided for in the various international legal instruments, and as assimilated in other legal documents. Furthermore, it argues that scarcity of resources prevents children from enjoying socio-economic rights, including the right to social security adopted through international instruments and entrenched in domestic laws. The Convention on the Rights of a Child provides for the right to social security in the event of lack of resources to benefit the child. So does the International Covenant on Economic, Social and Cultural Rights and the African Charter on the Rights and Welfare of the Child. In all the said legal instruments, the clauses on social security do not explicitly prescribe the rights that ought to be promoted through it. However, since the jurisprudence on socio-economic rights= emphasises the view that socio-economic rights are interrelated, interdependent and indivisible, it can also be safely said that through social security, beneficiaries, that is children, should be able to enjoy access to other socio-economic rights in general. Therefore, the significance of the right to social security as a means to address poverty and facilitate the development of children is explored.

scholarly journals International legal guarantees for the realization of human and citizen rights to environmental information

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Butsmak Artem ◽  
Keyword(s):  
Environmental Information ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Documents ◽  
Ecological Information ◽  
Right To Information ◽  
The Right ◽  
International Instruments ◽  
Right Of Access ◽  
To Receive

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

scholarly journals THE HISTORY OF THE LAW OF ADOPTION IN SOUTH AFRICA

Obiter ◽  
2014 ◽  
Author(s):  
Glynis van der Walt
Keyword(s):  
South Africa ◽  
Political Ideology ◽  
Family Care ◽  
Major Influence ◽  
Legal Concept ◽  
Welfare Of The Child ◽  
History Of ◽  
Private Context ◽  
The Right ◽  
International Instruments

The article traces the historical development of the legal concept of adoption from early civilization to present day South African law. The requirements and consequences of the practice of adoption changed with time, and with the waning of the popularity thereof, adoption as a legal concept was unknown in Roman-Dutch law – the common law of South Africa .During the early 1900‟s increasing numbers of informal “adoptions” taking place in South Africa led to the promulgation of the Adoption of Children Act 25 of 1923. Where conducive to the welfare of the child, adoption was permitted. However, the political ideology of the time in South Africa had a major influence on adoption as a legal institution, with the consequence that the considerations of the welfare of the child were superseded by the ideology of racial segregation. Post constitutional democracy led to the securing and protecting of basic human rights, not least of all within the private context of ”family”. Ratification of international instruments which made provision for adoption, together with the dawning of the constitutional era in South Africa saw the child as the bearer of his or her own rights. In terms of our Constitution, every child was guaranteed the right to family care or parental care or appropriate alternative care. The article focuses on the development and evolution of adoption to its present-day status.

Protection of the right to social security of the migrant worker in international law

2021 ◽  
Vol 8 (2) ◽  
pp. 104-148
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Social Security ◽  
International Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Human Right ◽  
Number Of Factors ◽  
The Social ◽  
Domestic Legislation ◽  
The Right ◽  
International Instruments

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

Socio-Economic Rights and Their Implementation: The Impact of Domestic and International Instruments

2004 ◽  
Vol 32 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Gerhard Erasmus
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Personal Liberty ◽  
Legal Remedy ◽  
Basic Quality ◽  
Civil And Political Rights ◽  
The Right ◽  
International Instruments ◽  
The Impact

Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the violation of such rights have a legal remedy. Individual freedom is a primary value underpinning civil and political rights.

The African Commission on Human and Peoples' Rights and the Demystification of Second and Third Generation Rights under the African Charter: Social and Economic Rights Action Center (SERAC) and the Center for Economic and Social Rights (CESR) v. Nigeria

2005 ◽  
Vol 1 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Justice C. Nwobike
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Economic Rights ◽  
Oil Companies ◽  
Cultural Rights ◽  
Right To Development ◽  
Failure To Protect ◽  
Action Center ◽  
The Right ◽  
African Commission

AbstractThis article argues that the decision of the African Commission on Human and Peoples' Rights in the Ogoni case represents a giant stride towards the protection and promotion of economic, social and cultural rights of Africans. This is predicated on the African Commission's finding that the Nigerian Government's failure to protect the Ogoni people from the activities of oil companies operating in the Niger Delta is contrary to international human rights law and is in fact a step backwards since Nigeria had earlier adopted legislation to fulfill its obligation towards the progressive realization of these rights. The findings of the African Commission demonstrate that economic, social and cultural rights are not vague or incapable of judicial enforcement. They also illustrate how the Charter can be interpreted generously to ensure the effective enjoyment of rights. Novel and commendable as the decision is, it is not without its shortcomings. These shortcomings lie in the failure of the Commission to pronounce on the right to development, its silence on the desirability of holding transnational corporations accountable for human rights violations, and the institutional weakness of the Commission in enforcing its decisions.

scholarly journals DISPUTE RESOLUTION IN THE SOUTH AFRICAN SOCIAL SECURITY SYSTEM: THE NEED FOR MORE APPROPRIATE APPROACHES

Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
MAT Nyenti
Keyword(s):  
South Africa ◽  
Social Security ◽  
Dispute Resolution ◽  
South African ◽  
Access To Justice ◽  
Successful Implementation ◽  
Legal Assistance ◽  
The Right ◽  
Resolution Processes ◽  
Social Security Beneficiaries

The right to social security in South Africa is adjudicated and enforced mainly by means of litigation. This article examines litigation as a mechanism for the resolution of social security disputes in South Africa and its impact on both the right to have access to court and to social security. It argues that court-based adjudication may not be the most appropriate means of adjudicating social security claims. This is particularly as South Africa is a country where social security beneficiaries have limited knowledge of the laws and procedures, coupled with a lack of publicly-provided legal assistance/representation for social security cases. Dispute resolution mainly through the courts may contribute to the limitation of their right to seek redress and by implication, their right to have access to social security. Finally, the article proposes the investigation of more appropriate dispute-resolution processes. This is due to the failure of court-based adjudication to ensure access to justice (and to social security); constitutional requirements arising from the protection of the rights of access to justice and to social security; the Constitution’s focus on protecting persons who are particularly vulnerable and desperate; the availability of other (more appropriate) dispute-resolution mechanisms; and the relatively successful implementation of these mechanisms in the resolution of social security disputes in comparative jurisdictions. 

scholarly journals Justiciability of Children’s Economic, Social and Cultural Rights in Botswana

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Emmanuel Kopang Botlhale
Keyword(s):  
Mixed Methods ◽  
Child Wellbeing ◽  
Vulnerable Group ◽  
Mixed Methods Approach ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
Special Protection

Children are a vulnerable group, hence, they need special protection. This is provided through ratifying children-protecting instruments; e.g., Convention on the Rights of the Child (CRC) and African Charter on the Rights and Welfare of the Child (ACRWC). Botswana acceded to the CRC and ACRWC in 1995 and 2001 respectively. Beyond ratification and domestication of these instruments, rights must be asserted through justiciability mechanisms, or else, they remain paper rights. Amongst others, justiciability is effected through state reports. Using a mixed methods approach, this study investigated the question; ‘is Botswana complying with her reporting obligations?’ It concluded that she was in breach and, thus, fails to respect, protect and fulfil children’s economic, social and cultural rights. This position contradicts claims that Botswana is children-friendly as stated by publications such as The African Report on Child Wellbeing. However, Botswana can redeem herself by reporting on what she is doing for children.

scholarly journals Constitutionalized But Not Constitute: The Case of Right to Social Security in Indonesia

2020 ◽  
Vol 6 (2) ◽  
pp. 241
Author(s):  
Stefanus Hendrianto
Keyword(s):  
Economic Growth ◽  
Comparative Analysis ◽  
Social Security ◽  
Social Economic ◽  
Theoretical Framework ◽  
The Political ◽  
Theoretical Frameworks ◽  
Economic Rights ◽  
The Government ◽  
The Right

Previous studies on the development of socio-economic rights in Indonesia heavily focus on the Constitutional Court’s decisions in upholding the rights. But there is still minimum study on the political economy behind the development of socio-economic rights in Indonesia. This article will analyze the development of socio-economic rights through the lenses of the right to social security. This article relies on two major theoretical frameworks to analyze the development of the right to social security in Indonesia. The first theoretical framework is the authoritarian constitutionalism in the economic sphere. The second theoretical framework in this article is Kathrine Young’s theory of the construction of socio-economic rights. This article postulates that the rights to social security has been constitutionalized but not constituted in Indonesia for several reasons. First, and foremost, the legacy of authoritarian constitutionalism that prioritizing economic growth over the fulfilment of social economic rights. The “growth” ideology has contributed to the discrepancy between the constitution and reality, in which the government merely considers protection of socio-economic rights as extra cost, which will hamper the growth of the economy. Second, the lack of philosophical and comparative analysis in the interpretation of rights to social security. Third, the transformation of the Court as a detached court in the enforcement of the rights to social security. The element of detachment is clearly seen in the Court’s too much deferral to the Executive and Legislative branches in defining the scope and meaning of the right to social security. Finally, the failure of social movement to create a new narrative on injustice and the importance of rights to social security.

scholarly journals The Protection of the Fundamental Rights of the Child in the Light of the African Charter on the Rights and Welfare of the Child

2018 ◽  
pp. 175-184
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
Legal Status ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
United Nations General ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
The Right ◽  
Judicial Protection

The adoption of a binding international treaty on the rights of the child is presented by practitioners and researchers as a “revolution”, marking the transition from the legal status of the child as a subject of the right, to a full actor of rights protection. For the fundamental rights of the child not to remain merely theoretical, but to become concrete and meaningful, it is important to provide them with effective judicial protection. This issue is more than ever topical, with the adoption by the United Nations General Assembly of the Optional Protocol to the Convention on the Rights of the Child establishing a procedure for the submission of communications, which entered into force on 14 April 2014. This new Optional Protocol gives children the right to appeal to the Committee on the Rights of the Child when the rights protected by the Convention and its firsttwo protocols are violated. The purpose of this brief study is to analyze the African Charter on the Rights and Welfare of the Child (African Charter), adopted in 1990, which is the firstregional legal text for children specificallyand as such unique, since no other region in the world has so far developed such a protection mechanism.

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