Democratising Development: The Politics of Socio-economic Rights in South Africa : [proceedings]

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Peris Jones, Kristian Stokke
Martinus Nijhoff Publishers, 2005 - Political Science - 290 pages
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What are the prospects and means of achieving development through a democratic politics of socio-economic rights? Starting from the position that socio-economic rights are as legally and normatively valid as civil and political rights, this anthology explores the politics of acquiring and transforming socio-economic rights in South Africa. The book brings together an interdisciplinary group of leading scholars in an examination of the multifaceted politics of social and economic policy-making, rights-based political struggles and socio-economic rights litigations. The post-apartheid South African experience shows that there is no guarantee that democracy will eliminate poverty or reduce social inequality, but also that democratic institutions and politics may provide important means for asserting interests and rights in regard to development. Thus it is argued that democratic politics of socio-economic rights may democratise development while also developing democracy.
 

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Contents

Introduction
1
1 Placing Human Rights in Development
3
2 Rightsbased Development
9
3 Democratic Politics of SocioEconomic Rights
14
4 The Politics of SocioEconomic Rights in South Africa
21
5 Overview of Chapters
25
References
34
The Politics of Economic PolicyMaking Substantive Uncertainty Political Leverage and Human Development
39
C The Capability of South African Judges to Adjudicate on Social Rights
171
Authority Compliance and Implementation
173
6 Assessing Social Rights Litigation as a Strategy in Fulfilling Rights
176
References
177
Cases
179
Shaping Making and Breaking the Law in the Campaign for a National HIVAIDS Treatment Plan
181
The Legal Right of Access to Health Care Services
182
Establishing the Reasonableness of Rights
186

References
50
Labour and Politics in South Africa
55
2 Comrades in Arms
56
3 Deliveries of the Alliance
59
A Income and Wealth
61
B Conditions of Employment and Institutional Change
63
4 Tensions Emerging in the Alliance
65
Basis for Democracy and Delivery?
70
References
75
Social Movements in PostApartheid South Africa An Introduction
77
2 Changing Ideological and Political Landscape
80
3 PostApartheid Hardships and the Rise of a New Generation of Social Movements
83
4 Tactics
87
5 State Responses
89
6 Political Project of Social Movements
90
7 Conclusion
94
References
95
Poverty Inequality and the Social Wage Balancing the Books in PostApartheid South Africa?
101
Singular not to say Grotesque
102
3 Social Security Social Protection and the Social Wage
108
19942002
110
Opening Pandoras Box?
119
6 Conclusion
123
References
125
The Judicial Enforcement of SocioEconomic Rights The Grootboom Case
131
Social Rights Litigation as Transformation South African Perspectives
153
3 By Litigation Alone?
154
4 The Anatomy of Social Rights Litigation
156
5 Conditions for Social Rights Litigation in South Africa
163
B The Responsiveness of South African Courts to Social Rights Claims
166
Building a Campaign for the Right of Access to Medicines
188
Using NEDLAC to Negotiate a Framework Agreement on a National Treatment Plan
189
6 Preparing to Break the Law
193
The Civil Disobedience Campaign
195
Back to Negotiations
199
The Future Role of Law and Mobilisation in the Second Decade of Democracy
205
References
210
The Treatment Action Campaign and the History of RightsBased PatientDriven HIVAIDS Activism in South Africa
213
2 Theorising Human Rights and Civil Society
215
3 The Legacy of 1980s AntiApartheid Gay Rights Activism
217
4 The Origins of a TACs Campaign for Openness in the Early 1990s
227
TAC as a PostApartheid RightsBased and PatientDriven Movement
237
6 Concluding Remarks
241
Communal Land Rights and Democracy in PostApartheid South Africa
245
2 Debating Democracy
246
3 Constituting Democratic Citizens
248
4 The Politics of Postapartheid Land Policy
249
5 Reforming Communal Tenure
251
6 The Legacy of Colonial and Apartheid Land Policies
252
7 The Land Rights Bill of 1999
254
8 The Communal Land Rights Bill of 2002
255
9 Amendments and Debates in 2003
258
10 Parliamentary Debates
261
11 Amendments Public Controversy and Passage of the Act
264
Communal Land Rights and Democracy in Post Apartheid South Africa
265
References
268
SocioEconomic Rights Cornerstone or Capstone of Democracy?
271
References
285
About the Contributors
287
Copyright

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About the author (2005)

Peris Jones is a Research Fellow at the Norwegian Centre for Human Rights.Kristian Stokke is Professor in Human Geography at the University of Oslo.

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