Exploring the economic, social and cultural rights of youth leaders working in Sport for Development initiatives at grassroots level in South Africa

Author(s):  
E. Van der Klashorst
Author(s):  
Dr. R Balasubramaniam ◽  
M N Venkatachaliah

This chapter explores grassroots perspectives on development. Partnership is the fulcrum of capability approach to development. Partnership that is driven by a sense of equity and belief in equality, where the agency and the people look at each other as equal partners with a lot to mutually exchange. One where there are distinguishing contexts, strengths, and roles in the process, but not distinctions that make one superior or inferior to the other. Partnership also goes beyond just a program or an event. It involves dialogue that encompasses not just multiplicity of views, but also criticism, disagreements, emotions, and other human sensibilities. The task for policy makers and policy advocates is to incorporate these voices in the development initiatives they conceive and implement.


2019 ◽  
Vol 27 (4) ◽  
pp. 564-587
Author(s):  
Olaniyi Felix Olayinka

Constitutionalising socio- economic and cultural rights (SERs) and the directive principles of state policy is an indication that a state is disposed to protect and enforce such rights. The classification of rights into political and economic goes a long way in determining the extent of rights enforcement in a nation. In Nigeria political rights are enforceable while economic rights remain unenforceable, but stand a better chance of enforcing political and economic rights under rights unification as in South Africa. Nonetheless, a state's obligation to protect SERs ultimately rests on the resources available to such a state.


2012 ◽  
Vol 5 (1) ◽  
pp. 1-20 ◽  
Author(s):  
John Cantius Mubangizi

Abstract South Africa has faced enormous challenges since the advent of democracy in 1994. One of the difficulties in the post-apartheid era has been the building of a human rights culture in the context of substantial cultural diversity. In this paper, the constitutional, judicial and institutional contexts – which have consolidated and supported the expression of human rights in the face of cultural diversity – are reviewed. The focus on cultural rights in the constitution is discussed, and the relevance of several constitutional institutions in terms of ensuring human rights, is mentioned. With a clear understanding of the constitutional, judicial and institutional contexts in place, the paper discusses the potentially inherent conflict between human rights and cultural rights, using gender-related issues as a proxy. Several examples of this potential conflict are discussed, including female circumcision, virginity testing and polygamy. The importance of human rights education for informing the debate about cultural and human rights in South Africa is emphasized. The answers to the challenges associated with the clash between cultural rights and human rights are not simple, although pragmatically – in addition to the role of the available constitutional, judicial and institutional structures – they could reside in a cross-cultural debate.


FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (3) ◽  
pp. 203
Author(s):  
Hemen Philip Faga ◽  
Francis Aloh ◽  
Uchechukwu Uguru

The 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions.


Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Aliyu Ibrahim

While most of the United Nations (UN) treaties have committees to monitor the implementation of their provisions among their States parties, one of the major challenges they encounter is their inability to independently verify the information provided by the States parties, on the level of fulfilling their obligations to the treaties. However, the establishment of National Human Rights Institutions (NHRIs) by the majority of UN member states was meant to not only promote and protect human rights within the territories of States parties, but also to monitor the implementation of the provisions of treaties at the domestic level. This resulted in treaty bodies to encourage NHRIs, in monitoring and providing it with information on the level of implementation of the provisions of these treaties within the territories of respective States parties. This article examines whether these institutions in Africa have been able to discharge their mandates concerning the implementation of two treaties, namely, the International Covenant on Civil and Political Rights (ICCPR) which is monitored by the Human Rights Committee (HRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which is overseen by the Committee on Economic, Social and Cultural Rights (CESCR). The NHRIs of South Africa, Morocco and Nigeria have been selected to test the effectiveness of these institutions. The study ultimately shows that the majority of these institutions are still far off from achieving their potential.


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