Masters Degrees (Centre for Human Rights Law)

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Browsing Masters Degrees (Centre for Human Rights Law) by Subject "Human rights"

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    A critical analysis of the violation of the rights to adequate housing, health care, food, and social security of people living in informal settlements in South Africa with specific reference to human development
    (University of the Free State, 2020) Moseli, Khothalang; De Man, Annelie; Ngang,Carol Chi
    This mini-dissertation is an investigation into the violation of human rights to adequate housing, health care, food, and social security of people who live in informal settlements in South Africa. It explores their quality of life in informal settlements. The rights to have access to adequate housing, health care, food, and social security are enshrined in sections 26 and 27 of the constitution of the Republic of South Africa of 1996. In order to observe the entitlement of these human rights, the South African government has, since 1994, embarked on legislation, policies, and programmes to improve access to adequate housing, health care, food, and social services among vulnerable and disadvantaged groups in South Africa. However, these efforts have not effectively addressed the challenges faced by informal dwellers in South Africa. Currently, the rights to adequate housing, health care, food, and social security of informal dwellers are being violated in South Africa. The Constitution and several international human rights instruments call for their realisation. However, compared to other rights such as freedom of speech, less effort has been made by the government and non-governmental establishments to fulfil these rights for the betterment of informal dwellers’ living conditions, well-being, and human development. The research question for this study is therefore: How can a rights-based approach to development (RBAD) contribute to the fulfilment of the rights to adequate housing, health care, food, and social services for informal dwellers in South Africa? In order to respond to this question, a desktop analysis and a socio-legal approach were employed to gather information. This study is largely theory-driven; it relies on various sources of evidence namely, on primary and secondary literature, on conducted-research, and on official government instruments that speak to the state of informal settlements in South Africa. This process was guided by four research aims: a) to examine the obligations of the South African government to fulfil human rights; b) to explore the problems experienced by people living in informal settlements that are unique to them, including the factors that have an impact on the realisation of their rights; c) to examine the impact of the non-realisation of human rights on human development and well-being, and; d) to recommend remedial measures to mitigate the violation of the human rights of people who live in informal settlements in South Africa. Informal settlements seem to defy the realisation of socio-economic rights. In their reports, various United Nations Special Rapporteurs present informal dwellers mostly as the victims of human rights violations. This study reveals that there are many barriers to the enjoyment of the rights to adequate housing, health care, food, and social security in informal settlements in South Africa. These mainly have to do with the living conditions of those who are poor, vulnerable, and marginalised. The study observes that unemployment, poverty, bad governance, and corruption are the main contributors to the plight of people who live in informal settlements in South Africa. To address the challenge of informal settlements and, consequently, to ensure that the state respects, protects, promotes, and fulfils the human rights of the poor and the marginalised, this study has observed the need for an RBAD in South Africa. It recommends attaching human rights principles, norms and standards to development processes in South Africa. These principles will improve the living conditions of isolated and disadvantaged groups and will translate into the realisation of human rights. The outcome of this study relates to those who are working actively for the promotion and realisation of human rights, especially for socio-economic rights in South Africa.
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    Protecting the rights of employees in South Africa during the COVID-19 pandemic: the role of national human rights institutions (NHRIs)
    (University of the Free State, 2023) Boko, Esihle; Ozoemena, Rita
    The relationship between employees and employers is built on mutual trust and both the employees and employers have rights that are outlined by common law and legislation. Workers' rights are outlined by South Africa’s Constitution as well as various acts that include the Labour Relations Act. The government established National Human Rights Institutions (NHRIs) so they could be the independent organisations responsible for ensuring that there is an integration of the protection of human rights. This study focused on whether the National Human Rights Institutions succeeded in protecting the rights of employees during the COVID-19 pandemic lockdown. To achieve this the qualitative research methodology was applied. Secondary data was collected and analysed through the use of methods and techniques of an exploratory, descriptive, and contextual research design. The provisions of the legislation associated with the protection of employees’ rights such as the Bill of Rights, and the responsibilities of the NHRIs were analysed in the context of how they were practised during the lockdown. The focus was on whether the rights of workers were not compromised because of the sudden changes that were made by the government to protect its citizens from becoming sick or dying due to the Coronavirus. The findings show that the rights of employees were compromised and violated in various ways including employers unilaterally changing work contracts, leading to a reduction in the salaries of workers. Some employees were also retrenched because they did not agree to the mandatory vaccination requirement. Others who provided essential services were not provided with the needed protective apparel, such as front-line health workers who performed community work with personal protection equipment. This shows that NHRIs failed to ensure that the rights of employees were protected during the COVID-19 era. The recommendation is that there is a need for a nationwide collaboration led by the government and NHRIs to develop strategic plans on how this failure can be prevented in future, should South Africa be faced with another state of emergency.