Course date: 5 - 9 March 2012 Applications are no longer accepted  The Centre for Human Rights, University of Pretoria, is hosting a one-week intensive short course on judicial enforcement of socio-economic rights in Africa from 5 to 9 March 2012. Venue: Graduate Centre, University of Pretoria Main Campus

About the course

Download the brochure for this course 

The aim of the course on Judicial Enforcement of Socio-Economic Rights in Africa is to provide participants with a critical understanding of the possibilities of and problems associated with judicial enforcement of socio-economic rights in Africa. During the one-week intensive course, training is provided to practitioners, policy-makers, scholars and students on national and international litigation of economic, social and cultural (ESC) rights.

Course Programme

• Conceptual issues on judicial enforcement of socio-economic rights
• International adjudication of socio-economic rights
• African courts and the enforcement of socio-economic rights
• Judicial enforcement of socio-economic rights in South Africa
• The effect of foreign debt on the fulfilment of socio-economic rights: specific reference to Africa.
• Litigation strategy and policy impact
• Equality and socio-economic rights
• Latin American courts and the enforcement of socio-economic rights
• Litigation in broader context: Legitimacy and effectiveness
• India and other comparative case law
• The realities of litigating socio-economic rights in Africa
• Non-state actors and international accountability
  
  

Presenters

• Dr Danie Brand, Senior Lecturer, Department of Public Law, Faculty of Law, University of Pretoria
• Mr Khulekani Moyo, Doctoral Researcher and Member of Socio-economic Rights Research Group (SERAJ), Faculty of Law, Stellenbosch University, South Africa
• Prof Michelo Hansungule, Professor of Human Rights Law, Centre for Human Rights, University of Pretoria
• Prof Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law, Faculty of Law, University of Stellenbosch, South Africa
• Dr Cephas Lumina, United Nations Independent expert on the effects of foreign debt and other related international financial obligations of states on the full enjoyment of all human rights, particularly economic, social and cultural rights
• Dr Jackie Dugard, Executive Director, Socio-economic Rights Institute of South Africa
• Prof Pierre de Vos, Claude Leon Foundation Chair in Constitutional Governance and Deputy Dean, Faculty, of Law, University of Cape Town
• Prof Cesar Rodriguez Garavito, Founding Director, Program on Global Justice and Human Rights, University of the Andes, Colombia
• Mr Malcolm Langford, Norwegian Centre for Human Rights, Oslo
• Dr Opiata Odindo, Executive Director, Economic and Social Rights Centre, Kenya

Reading list

• Reading list as prescribed by Mr Khulekhani Moyo:
  • International Covenant on Economic Social and Cultural Rights (1966) 
  • M Langford & JA King “Committee on Economic, Social and Cultural Rights: Past, Present and Future” in M Langford (ed) Social Rights Jurisprudence: Emerging Trends in International and Comparative Law (2008) 477-516 
  • M Scheinin “International Mechanisms and Procedures for Monitoring” in C Krause & M Scheinin (eds) International Protection of Human Rights: A Textbook (2009) 601-620 
  • UN Committee on Economic, Social and Cultural Rights General Comment No 3: The Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant)(1990) 
  • European Federation of National Organisations working with the Homeless (FEANTSA) v. France Complaint No. 39/2006

• Reading list as prescribed by Prof Sandra Liebenberg: 
  • S. Liebenberg Socio-Economic Rights Adjudication under a Transformative Constitution (2010) Juta& Co: chapter 4 
  • Government of RSA v Grootboom& Others  2001 (1) SA 46 (CC)
  • Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC) ·       
  • Occupiers of 51 Olivia Road v City of Johannesburg  2008 (3) SA 208 (CC) ·       
  • Mazibuko v City of Johannesburg 2010 (4) SA (CC) [focus mainly on the free basic water aspects of the argument]

• Reading list as prescribed by Dr Cesar Rodriguez Garavito: 
  • Malcolm Langford "Social Rights Jurisprudence: Emerging Trends in International and Comparative Law" 
    

• Reading list as prescribed by Dr Jackie Dugard: 
  
  • Atlantic Philanthropies (2009) A Strategic Evaluation of Public Interest Litigation
  • Jackie Dugard (2010: PULP) “Civic Action and Legal Mobilisation: The Phiri Water Meters Case” from Mobilising Social Justice in South Africa: Perspectives from Researchers and Practitioners edited by Jeff Handmaker and Remko Berkhout (eds)
  • Cesar Rodriguez-Garavito (2011) “Beyond the Courtroom: The Impact of Judicial Activism on SocioEconomic Rights in Latin America” 89 Texas Law Review
  • Jackie Dugard and Malcolm Langford (2011) “Art or Science? Synthesising Lessons from Public Interest Litigation and the Dangers of Legal Determinism” 27 SAJHR

• Reading list as prescribed by Dr Cephas Lumnia: 
  
  • Report of the United Nations Independent expert on the effects of foreign debt and other related international financial obligations of states on the full enjoyment of all human rights, particularly economic, social and cultural rights

Global School on Socio-Economic Rights Adjudication

This short course forms part of the recently created initiative, the Global School on Socio-economic Rights Adjudication, jointly launched by:

• Norwegian Centre for Human Rights, University of Oslo, Norway
• Institute for Human rights, Åbo Akademi University, Finland
• Chair in Human rights, University of Stellenbosch, South Africa
• Centre for Human Rights, University of Pretoria, South Africa
• University of Los Andes, Colombia
• National Judicial Academy, Nepal