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Women’s rights and freedoms in Islamic jurisprudence pertaining to marriage and divorce: lessons for south Africa from Morocco and Tunisia?
(University of Western Cape, 2014)
The objective of this doctoral thesis is essentially two-fold: first, it seeks to ascertain whether the rights and freedoms of Muslim women in the contexts of marriage and divorce are adequately protected in terms of Islamic ...
Sexual minority rights in Cameroon
(University of Western Cape, 2012)
The objective of this study is to explore the criminalisation of persons based on sexual
orientation in Cameroon in light of that country’s international human rights obligation. The study examines the constitution and ...
The right to freedom of religion in the public domain in South Africa
(University of the Western Cape, 2010)
Within the context of South Africa‘s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights. The universality and ...
The role of international human rights law in guiding the interpretation of women's right to be free from violence under the South African constitution
(University of the Western Cape, 2010)
The thesis firstly looks at how women's right to freedom from violence has developed in international (global) human rights law since the early 1990s. In this regard, the study finds that while the issue of violence against ...
Democracy in action: Public participation and the progressive realisation of socio-economic rights
(University of the Western Cape, 2012)
While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with
communities where the provision of basic social services and goods is at stake, uncertainty
about the form, extent and quality of ...
An evaluation of the effectiveness of the application of section 42 of the Employment Equity Act 55 of 1998
(University of the Western Cape, 2012)
This paper evaluates s 42 of the South African Employment Equity Act (EEA) with specific focus on the application of the demographic profile of the national and regional economically active population by designated employers. ...
The Illusion of the Rainbow Nation: The Unconstitutionality of Racial Classification?
(University of the Western Cape, 2020)
In societies emerging from segregation or division based on the biological factors of race and/ or colour, the centrality (or lack thereof) of race and colour within those legal systems plays a critical role in the progression ...
The right to water in the constitution and sustainable development in South Africa
(University of the Western Cape, 2018)
The South African Constitution, 1996 has placed the right to sufficient water as a
Constitutional right. The provision of this right by the Constitution intends to redress
the violation of human rights, to ensure that ...
The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?
(University of the Western Cape., 2016)
Historically, unmarried fathers had no rights in respect of their children born out of wedlock. “Until 1998, the unmarried father had obligations to his child under common law, but did not have any inherent rights with ...