Masters Degrees (Centre for Human Rights Law)
Permanent URI for this collection
Browse
Browsing Masters Degrees (Centre for Human Rights Law) by Title
Now showing 1 - 2 of 2
Results Per Page
Sort Options
Item Open Access The constitutional imperatives for the development of artisanal and small-scale mining in South Africa(University of the Free State, 2020-01) Ndlazi, Sikelela; Pretorius, Jan L.; Gerber, Leonardus J.Since 1994, the South African artisanal and small-scale mining (“ASM”) sector has been a demarcation for the promotion of the economic participation of previously disadvantaged South Africans within the country’s broader economy. Various domestic policy documents refer to the ASM sector as one deserving of development and adequate regulation. However, to date, the sector still exists and functions on the fringes of the law. This fact has allowed for the under-development of the sector to persist and, out of such under-development, adverse ramifications, including the environmental degradation associated with illegal ASM, its occupational health and safety concerns and the acrimonious relationship between ASM and large-scale mining (“LSM”). It is such negative consequences of ASM that continue to thrive at the expense of the socio-economic and community-development potential of the sector. In light of the above, this study seeks to explore the theoretical framework upon which the development of the sector ought to be based. Such a developmental basis consists of the constitutional, legislative, domestic and international policy framework. Further, under the over-arching theme of constitutionally-responsible development of the South African ASM sector, recommendations are to be made to guide the manner in which the necessary development of the ASM sector ought to take shape.Item Open Access Services provision is also the rights for lesbians, gays, bisexuals, transgender, intersex, and queer people(University of the Free State, 2022) Shabangu, Athalia Phindile; Kamga, Gerard E. K.There is a need for shelters for LGBTIQ+ people whose rights are violated either at home or those who are victims of crime in general. There are LGBTIQ+ people in all nine provinces of South Africa, but only one dedicated shelter provides services for them. The researcher assumes that there is discrimination against LGBTIQ+ people in terms of shelter services provision. Some of the LGBTIQ+ people get discriminated against and stigmatized because of their sexual orientation or gender identity. As such, they do not fully enjoy their universal human rights. Other LGBTIQ+ people are victimized in their homes, schools, and communities, which leads to them being vulnerable and needing safe spaces such as shelters for accommodation. According to the Department of Social Development,1 a shelter is a residential facility providing short-term intervention in a crisis situation. Shelters are expected to provide critical services to those undergoing high levels of trauma, including a safe place to stay and psycho-social support.2 The availability of shelter services is the human right of any LGBTIQ+ person. Human rights are the basic rights and freedoms that belong to every person globally, from birth until death. According to PEPUDA,3 failure to reasonably accommodate LGBTIQ+ people, or any other vulnerable groups, amount to unfair discrimination and inequality on, amongst others, the ground of gender. Globally, regional and national instruments throughout the world deal with discrimination, which is a human rights issue. These instruments include the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights and the Bill of Rights contained in the Constitution of the Republic of South Africa. The Bill of Rights makes provision for the protection of the rights of every South African. This research intended to investigate shelters in Pretoria and the surrounding area that accommodates LGBTIQ+ people.