South African Journal on Human Rights最新文献_第10页

Something old, something new: applying reproductive rights to new reproductive technologies in South Africa 有旧有新:在南非将生殖权利应用于新的生殖技术

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2020-01-02 DOI: 10.1080/02587203.2020.1776632

B. Shozi

{"title":"Something old, something new: applying reproductive rights to new reproductive technologies in South Africa","authors":"B. Shozi","doi":"10.1080/02587203.2020.1776632","DOIUrl":"https://doi.org/10.1080/02587203.2020.1776632","url":null,"abstract":"Abstract New reproductive technologies such as in vitro fertilisation have opened up new avenues for those who wish to have children, and who need no longer be bound by biological limitations to procreation like infertility. However, the choices available to prospective parents have been restricted by the fact that the use of new reproductive technologies in artificial reproduction has been subject to regulation in many parts of the world – including South Africa. These regulations have been challenged on the grounds that they infringe upon the rights of those who want to use these technologies. Underlying these challenges is the claim that the rights which are currently given recognition in our law apply to the use of new reproductive technologies – and this article investigates to what extent this claim is applicable with reference to the South African Constitution. Considering the historical context within which reproductive rights have emerged, this article concludes that the right to make decisions concerning reproduction (s 12(2)(a)) and the right to reproductive healthcare (s 27(1)(a)) both protect the freedom of individuals to form families by having children – including where this is done in non-traditional ways that do not involve the use of one’s own body.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"36 1","pages":"1 - 24"},"PeriodicalIF":0.9,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/02587203.2020.1776632","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41361531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Constitutional Court statistics for the 2018 term 宪法法院2018年任期的统计数据

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2020-01-02 DOI: 10.1080/02587203.2020.1785731

Thandeka Kathi, Rudo T. Mhiribidi, Nqubeko Shezi, Busisiwe Kamolane, Amogelang Makuwa, Tebogo Moloko

引用次数: 0

Extra-judicial engagement in socio-economic rights realisation: Lessons from #FeesMustFall 法外参与实现社会经济权利:来自#费用必须下降#的教训

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2020-01-02 DOI: 10.1080/02587203.2020.1788419

S. Mahomedy

引用次数: 1

Fischer v Unlawful Occupiers: could the court have interpreted the ‘may’ in section 9(3)(a) of the Housing Act as a ‘must’ under the circumstances of the case? Fischer诉非法占有者:在本案的情况下，法院是否可以将《住房法》第9(3)(a)条中的“可以”解释为“必须”?

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2020.1730232

Lisa Draga, Sarah Fick

引用次数: 0

Stopping the spies: constructing and resisting the surveillance state in South Africa 阻止间谍:南非监控国家的构建与抵抗

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2019.1718391

R. Adams

引用次数: 2

Navigating uncharted waters: biobanks and informational privacy in South Africa 在未知的水域航行：南非的生物库和信息隐私

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2020.1717366

B. Townsend, D. Thaldar

{"title":"Navigating uncharted waters: biobanks and informational privacy in South Africa","authors":"B. Townsend, D. Thaldar","doi":"10.1080/02587203.2020.1717366","DOIUrl":"https://doi.org/10.1080/02587203.2020.1717366","url":null,"abstract":"Abstract Biobanks (organised collections of human biological material and associated information stored for research purposes) are becoming invaluable to human health research. However, concerns have been voiced in the literature that POPIA – the new legislation that aims to protect personal information – may stymie the functioning of South African biobanks. The main reason for the concern is the dichotomy between specific consent (consent to use biological material and associated information for a specific research study) and broad consent (consent to use biological material and associated information for a variety of future research studies): While the current ethical and legal regulatory framework applicable to biobanks in South Africa requires only broad consent, POPIA appears to increase the benchmark to specific consent. A common model for building biobanks in South Africa is what we refer to as the ‘dual consent’ model – namely to obtain both specific consent for an initial research study, and broad consent for storage of material and associated information and the use thereof in future studies. We analyse the provisions of POPIA from a biobanking perspective, and conclude that biobanks that were built using the dual consent model would be able to use their collections of material and associated information for further new research studies, provided they comply with three conditions: (1) non-publication of the genetic information in an identifiable form; (2) the research must be in the public interest; and (3) sufficient guarantees must be in place to protect the research participants’ privacy. However, biobanks that were built using other models that did not include specific consent for the initial research study, would have to opt for either de-identification of their material and associated information, or obtain new specific consent from their research participants for a new research study.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"35 1","pages":"329 - 350"},"PeriodicalIF":0.9,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/02587203.2020.1717366","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44963959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

The importance of minority judgments in judicial decision-making: an analysis of Minister of Justice and Constitutional Development v Prince 少数人判决在司法决策中的重要性:司法和宪制发展部长诉普林斯案分析

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2019.1703558

Amanda Spies

引用次数: 2

Utilising transformational leadership to implement disability laws in the South African workplace 利用转型领导在南非工作场所实施残疾法

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2020.1740888

Lindani Nxumalo

{"title":"Utilising transformational leadership to implement disability laws in the South African workplace","authors":"Lindani Nxumalo","doi":"10.1080/02587203.2020.1740888","DOIUrl":"https://doi.org/10.1080/02587203.2020.1740888","url":null,"abstract":"Abstract South Africa is a party to various international human rights instruments that obligate it to develop enforcement mechanisms to include persons with disabilities in the workplace. Among such mechanisms is the need to develop legislation to deal with workplace disparities. In this context, South Africa has, over the years, enacted different labour laws aimed at addressing disparity and injustices of the past in the workplace. Persons with disabilities are among those who were prejudiced and continue to experience discrimination based on their status. Despite the evolution of the labour legislation and the obligation imposed by international instruments, disability laws are not effectively enforced. While research has been conducted generally on the rights of persons with disabilities, it appears that there has not been much research focussing on the enforcement of disability laws particularly from workplace leader’s perspective. This article therefore seeks to explore South Africa’s obligation towards enforcement of disability provisions in the workplace and recommends a transformational leadership approach to effectively enforce legislation governing disability in the workplace, thereby safeguarding the rights of persons with disabilities.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"35 1","pages":"351 - 377"},"PeriodicalIF":0.9,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/02587203.2020.1740888","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44197070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Braamfontein encroaching? An internationalist reading of the South African Constitutional Court judgment on the SADC Tribunal Braamfontein侵犯?南非宪法法院对南部非洲发展共同体法庭判决的国际主义解读

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2020.1745682

Apollin Koagne Zouapet, Misha Ariana Plagis

{"title":"Braamfontein encroaching? An internationalist reading of the South African Constitutional Court judgment on the SADC Tribunal","authors":"Apollin Koagne Zouapet, Misha Ariana Plagis","doi":"10.1080/02587203.2020.1745682","DOIUrl":"https://doi.org/10.1080/02587203.2020.1745682","url":null,"abstract":"Abstract On 11 December 2018, the Constitutional Court of South Africa ruled that the President’s signature to the 2014 Protocol concerning the Southern African Development Community (SADC) Tribunal, which limits the authority of the SADC Tribunal, must be withdrawn. As the Court ventured outside the bounds of domestic law in the case, this paper reads those arguments of the Court grounded in international law from an international law perspective. In doing so, we explore the implications, contributions, and dangers that such jurisprudence might entail for general international law, and the SADC legal regime. We ask a number of questions. Is this a domestic court encroaching on international law? What are the consequences of such a move from an international law perspective? And, what does this imply for the future of the SADC Tribunal, and the functioning of this international organisation in general? Through this internationalist reading of the case, we demonstrate how the Constitutional Court’s use of international law has endangered its own decision, as its positions are not defendable within the discipline of public international law. Therefore, while we agree with the overall outcome of the case, we argue that the Constitutional Court has strewn its own path with unnecessary obstacles and traps.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"35 1","pages":"378 - 403"},"PeriodicalIF":0.9,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/02587203.2020.1745682","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45813490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Class action litigation in South Africa 南非的集体诉讼

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2019-10-02 DOI: 10.1080/02587203.2019.1718395

Rashri Baboolal-Frank

引用次数: 1