The Justiciability of Social and Economic Rights: An Updated Upraisal

This article considers the question of the justiciability of social and economic rights from both a conceptual and an experiential perspective. It first reviews some of the major concerns that are frequently raised in relation to whether social and economic rights can, or should be, adjudicated by courts, drawing on commentary from experts and judicial and quasi-judicial bodies considering this question. This is followed by an overview of the growing body of jurisprudence from domestic courts and regional and international bodies that have adjudicated social and economic rights. 

The role of the courts in ensuring the right to a basic education in a democratic South Africa: a critical evaluation of recent education case law

This article critically evaluates case-law developments regarding the right to basic education as enshrined in the South African Constitution and argues that litigation, or at the least the threat of it, plays an important role in the realisation of the right to education. 

The Case for Social Rights

This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies.

Right to Education Indicators based on the 4 As - Concept Paper

This Concept Paper outlines the broader issues which have been addressed in order to establish a set of right to education indicators based on the 4-A framework as developed by Katarina Tomaševski, the first UN Special Rapporteur on the right to education. It explains the choices made when developing these indicators and discusses human rights indicators with a focus on the right to education.

Privatisation vs the Public Good

This article explores the increasing privatisation of education. It examines various criticisms of the private provision of education and claims that privatisation is driven by an ideological agenda which is generally uncaring about any notion of the “public good” purposes of education — that is, of its role in producing social cohesion through the provision of education that is of high quality for all members of society.

The Status of Academic Freedom and Institutional Autonomy Worldwide and its Protection at Institutional and National Level

This study on academic freedom seeks to get first-hand perspectives on the state of academic freedom and its protection at institutional and national levels, examining what policies and mechanisms are put in place to protect this freedom, how academic freedom is threatened or curtailed, and finally what recourse may be available to the members of the academic community to complain and seek redress concerning such violations.

Pages