CEU Electronic Theses and Dissertations, 2009
| Author | Ferrell, Emily Barbara |
|---|---|
| Title | Positive Rights or Constitutional Legitimacy? A Comparative Analysis of the Jurisprudence of Socioeconomic Rights in Slovakia and South Africa |
| Summary | This thesis examines the jurisprudence of the Constitutional Courts in South Africa and Slovakia in relation to socioeconomic rights. The right to health care, the right to education, and the right to housing are analyzed through the judgments of the Constitutional Courts. Attention is focused on how the history of inequality in both countries, with regards to the black majority in South Africa and the Roma minority in Slovakia, has factored into the relevant judgments. This study finds that the South African Constitutional Court has been more willing than its Slovak counterpart to uphold positive jurisprudence of socioeconomic rights. However, the South African Human Rights Commission, which is mandated to monitor the progressive realization of socioeconomic rights within South Africa, lacks autonomy from the Government. Conversely, citizens of Slovakia may be able to use the European Court of Human Rights as an outlet for enforcement of socioeconomic rights, which, as a regional court, maintains sufficient independence from the Slovak Government. This thesis concludes that due to the independence of the ECHR and lack of alternative legal avenues in South Africa, Slovak citizens have a greater possibility of successfully garnering redress for violations of their socioeconomic rights than the citizens of South Africa. |
| Supervisor | Udombana, Nsongurua J. |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2009/ferrell_emily.pdf |
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