COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Human Right ◽  
Housing Rights ◽  
Country Differences ◽  
The Right

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.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Suicide, assisted suicide and euthanasia: International perspectives

2001 ◽  
Vol 18 (1) ◽  
pp. 33-37 ◽  
Author(s):  
Antoon Leenaars ◽  
John Connolly ◽  
Chris Cantor ◽  
Marlene EchoHawk ◽  
Zhao Xiong He ◽  
...  
Keyword(s):  
United States ◽  
South Africa ◽  
North America ◽  
The Netherlands ◽  
Assisted Suicide ◽  
Northern Territory ◽  
Right To Die ◽  
Controversial Issues ◽  
International Perspectives ◽  
The Right

AbstractSuicide, assisted suicide and euthanasia are elusive and controversial issues worldwide. To discuss such issues from only one perspective may be limiting. Therefore, this paper was written by authors from various regions, each of whom has been asked to reflect on the issues. The countries/cultures are: Australia, China, Cuba, Ireland, India, Japan, Russia, South Africa, The Netherlands, North America (Turtle Island) and United States. Historically and today, suicide is viewed differently. Assisted suicide and euthanasia are equally seen from multifarious perspectives. Highlighting development in the Netherlands, Australia's Northern Territory and Japan (ie. the famous Yamanouchi Case), the review shows growing re-examination of the right to die. There appear, however, to be no uniform legal and ethical positions. Further debate and discussion globally is needed to avoid myopic perspectives.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

scholarly journals Lessons on Parental Leave: A Comparative Analysis of Parental Leave in South Africa and the United Kingdom

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 787-805
Author(s):  
Asheelia Behari
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Maternity Leave ◽  
Parental Leave ◽  
Primary Role ◽  
The United Kingdom ◽  
Participation Of Women ◽  
Labour Participation ◽  
The Right

Recent amendments to the Basic Conditions of Employment Act 75 of 1997 have resulted in the introduction of parental leave. This provides employees with 10 consecutive days of time off from work to care for their newborn babies and may commence from the day of the birth. The right to parental leave has the additional benefit of impacting gendered social assumptions that place women in the primary role of caregiver and a secondary role as worker. With the rise in the labour participation of women, there has been an increase in the need for the involvement of men in the caregiving and upbringing of children in the home. Although parental leave applies to men and women, it has been enacted with the objective of encouraging working fathers to participate as caregivers and to share in the burden of care placed on new mothers to care for themselves and their newborn babies during maternity leave. This article considers the effects of parental leave as a recent addition to South African law by conducting a comparative analysis with the long-established parental leave models of the United Kingdom. These include the right to parental leave that is applicable to a parent who has parental responsibility for a child, and a right to shared parental leave, which allows the mother of the child to share her maternity leave with the other parent of the child. The parental leave rights of the United Kingdom have been developed to provide employees with choice and flexibility to accommodate their caregiving responsibilities, and may indicate a trajectory for the progression of the newly enacted right to parental leave in South Africa.

THE RIGHT TO REMAIN SILENT: A ONE­ EYED APPROACH TO TRUTH-SEEKING?

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Mabona Thomas Mokoena
Keyword(s):  
South Africa ◽  
South African ◽  
Crime Control ◽  
The United States ◽  
Constitutional Court ◽  
Human Right ◽  
Criminal Process ◽  
The Right ◽  
Source Of Information ◽  
Constitutional Analysis

The right to remain silent is one of the most important symbols of a fair trial in the accusatorial legal systems, to which South Africa also belongs. In certain countries, such as the United States and South Africa, this right is constitutionally entrenched as a fundamental human right, which virtually guarantees that adverse inferences cannot be drawn against an accused who fails to disclose pre-trial information. The accused is thereby excluded as a critical source of information during this stage of the proceedings. In essence, this means that the criminal process is compelled to close one eye to a valuable and crucial source of information. other jurisdictions within the accusatorial family, notably England and  Scotland,  have  introduced legislation aimed  at crime  control which essentially compels the accused to break his or her silence during the pre-trial stage of the criminal process. The very essence of the right to remain silent as a fundamental human right is proving problematic to the South African Constitutional Court when considering it within the context of the  limitation clause. It is argued, in this article, that the solution lies, first, in a substantive constitutional analysis of rights and,  secondly, in interpreting the right as a functional evidentiary principle with the aim of securing procedural fairness.

Power to the People? Right of Access to Electricity in South Africa

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Khaled Qasaymeh ◽  
Jo-Ansie Karina Van Wyk
Keyword(s):  
South Africa ◽  
Public Policy ◽  
Economic Development ◽  
South African ◽  
Special Focus ◽  
The South ◽  
Human Right ◽  
Socio Economic Development ◽  
The Right ◽  
Right Of Access

The provision and distribution of and access to electricity are not only technical and economic matters. Access to electricity is a highly political and ideological issue and has consequences for public policy and human development. Since 2000, South Africa has experienced power outages (euphemistically called load-shedding) and the country has not kept up with increased electricity and socio-economic demands. Globally, access to electricity is increasingly regarded as a basic human right and an important contributor to socio-economic development. However, the position towards and the practice regarding access to electricity by the post-apartheid South African government are contradictory. Although both the South African Bill of Rights and the Constitution of the Republic of South Africa of 1996 refer to fundamental human rights, the matter of access to electricity as a human right is not clearly spelled out in these documents. This article outlines international and African norms in respect of the right of access to electricity in the context of the international socio-economic development debate. It proceeds to examine the South African context, policies, legislation and constitutional court judgments in respect of socio-economic development with a special focus on access to electricity—a matter which is closely linked to political, public policy and development issues such as housing and the environment in South Africa. The article calls for the right of access to electricity to be declared a basic human right and to be legislated as such in the South African legal regime.

Critical Analysis of the Right to Education for Pregnant School-going Teenage Girls in South Africa

2021 ◽  
Vol 10 (3) ◽  
pp. 73-85
Author(s):  
Isaiah M. Sefoka ◽  
◽  
Kola O. Odeku
Keyword(s):  
South Africa ◽  
Teenage Pregnancy ◽  
Legal Protection ◽  
Dropping Out ◽  
Research Approach ◽  
Human Right ◽  
Right To Education ◽  
Teenage Girls ◽  
The Right ◽  
Out Of School

Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.

scholarly journals Opposing abuse in religious high-demand groups in South Africa: the case study of the “prophet” of Hertzogville

2007 ◽  
Vol 28 (2) ◽  
pp. 602-621
Author(s):  
S. P. Pretorius
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Freedom Of Religion ◽  
Religious Groups ◽  
High Demand ◽  
Human Right ◽  
The Right

Since the new Constitution came into force, there has been an increase in the number of high-demand religious groups. The more accommodating and tolerant approach towards religions brought about by the Constitution has created a fertile environment for the development of alternative religious groups. In certain cases, unfortunately, this has resulted in the violation of other basic human rights within the confines of these groups. There is very little monitoring of the various religions in South Africa and these violations seem to be on the increase. A need arose to oppose the infringement of human rights in high-demand religious groups. The organisation RIGH (Rights of Individuals Grant Honour To) was established to address this need. This article aims, first, to point out how the exercising of one basic human right, in this particular case the right to freedom of religion as exercised in Hertzogville, led to the violation of other basic human rights. Secondly, it suggests ways of opposing the infringements on other basic human rights by high-demand religious groups.

The right to housing

2020 ◽  
pp. 209-222
Author(s):  
Dessie Donnelly ◽  
Joe Finnerty ◽  
Cathal O’Connell
Keyword(s):  
Human Rights ◽  
Human Right ◽  
International Human Rights ◽  
Group Participation ◽  
Cultural Rights ◽  
Housing Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Based Approach

This chapter describes the human rights-based approach to housing and analyses it from a critical social policy perspective. The first section outlines the importance of housing as a human right, the second explores the distinctiveness of housing and a third section provides a case study of a community advocacy group, Participation and the Practice of Rights (PPR), using international human rights instruments such as the UN International Covenant for Economic Social and Cultural Rights (ICESCR) to promote housing rights. Finally, the prospects and limits of a human rights-based approach to housing are discussed.

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