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In: Liam Thornton, "Socio-Economic Rights and Ireland" in Suzanne Egan (ed.) International Human Rights: Perspectives from Ireland (Dublin: Bloomsbury, 2015), pp. 179-207.
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In: Edward Elgar Encyclopedia of Corporate Social Responsibility
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In: Modern Law Review, Band 74, Heft 4, S. 532
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In: Edward Elgar Encyclopedia on Corporate Social Responsibility
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In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens under certain prescribed conditions. In situations where other legislation does not provide a remedy for those unable to care for themselves the Constitution provides for justiciable socio-economic rights. Unfortunately legislative rights alone have proved insufficient and all too frequently the constitutional values and aspirations of human dignity and equality have had a 'hollow ring'. The most obvious reason for this failure of delivery on the part of the government is of course a shortage of financial resources. Another reason has been a simple disregard for the terms of legislation and court orders by organs of the state and state employees. The authors are of the view that in order to avoid such a dire result, the courts, given their broadly framed constitutional powers, should be adventurous in crafting means to ensure that their orders are properly implemented and adhered to. This article explores the role that courts can play in ensuring proper implementation of both the terms of social security legislation as well as the implementation of court orders with reference to well-fare judgments in the Eastern-Cape.
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In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens under certain prescribed conditions. In situations where other legislation does not provide a remedy for those unable to care for themselves the Constitution provides for justiciable socio-economic rights. Unfortunately legislative rights alone have proved insufficient and all too frequently the constitutional values and aspirations of human dignity and equality have had a 'hollow ring'. The most obvious reason for this failure of delivery on the part of the government is of course a shortage of financial resources. Another reason has been a simple disregard for the terms of legislation and court orders by organs of the state and state employees. The authors are of the view that in order to avoid such a dire result, the courts, given their broadly framed constitutional powers, should be adventurous in crafting means to ensure that their orders are properly implemented and adhered to. This article explores the role that courts can play in ensuring proper implementation of both the terms of social security legislation as well as the implementation of court orders with reference to well-fare judgments in the Eastern-Cape.
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In: Strategic review for Southern Africa: Strategiese oorsig vir Suider-Afrika, Band 36, Heft 1, S. 111-119
ISSN: 1013-1108
World Affairs Online
In: Human Rights Transformed, S. 204-240
In: Transnational law and governance
In: The Strategic Review for Southern Africa, Band 36, Heft 1
ISSN: 1013-1108
In: Paolo Davide Farah, Foreword to Jernej Letnar Černič, Corporate Accountability under Socio-Economic Rights, Transnational Law and Governance Series, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 9781138288782, 2018, pp. VII - XIII
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In: B. G. Flóvenz, D. Þ. Björgvinsson, G. D. Guðmundsdóttir and O. M. Arnardóttir, eds., Ragnarsbók [Festschrift for Ragnar Aðalsteinsson] (Reykjavík, Mannréttinda-skrifstofa Íslands and Hið íslenska bókmenntafélag, 2009), pp. 453-484
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Intro -- Contents -- PREFACE -- INTRODUCTION -- THE HORIZONTAL PRIORITY OF ECONOMIC RIGHTS -- SOCIO-ECONOMIC RIGHTS IN THE CONSTITUTION FOR EUROPE: BETWEEN SYMBOLISM AND LEGAL REALISM -- GRAND PROMISES IN THE FACE OF HIGH EXPECTATIONS: WELFARE RIGHTS IN HUNGARIAN CONSTITUTIONAL JURISPRUDENCE -- SOCIAL AND ECONOMIC RIGHTS IN THE JURISPRUDENCE OF THE BULGARIAN CONSTITUTIONAL COURT -- LITIGATING FOR SOCIO-ECONOMIC RIGHTS ON NATIONAL AND INTERNATIONAL LEVEL: PROBLEMS OF STANDING AND LEGAL STRATEGIES -- THE PATRIMONIAL STATES AND SOCIO- ECONOMIC RIGHTS IN AFRICA -- SOCIO-ECONOMIC FACTORS OF CONFLICTS - COUNTERING THE RISKS -- ROMA RIGHTS, RACIAL DISCRIMINATION AND ESC RIGHTS -- CONTRIBUTORS -- INDEX.