International human rights norms and the South African interim Constitution 1993

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Periodical article

Title:	International human rights norms and the South African interim Constitution 1993
Author:	Maluwa, Tiyanjana
Year:	1993
Periodical:	South African Yearbook of International Law
Volume:	19
Pages:	14-42
Language:	English
Geographic term:	South Africa
Subjects:	international law constitutions 1993 human rights
Abstract:	The focus of this article is on the scope and extent of the protection of fundamental rights in South Africa as specifically enshrined in Chapter 3 of the 1993 interim Constitution. In particular, the article examines certain issues and arguments regarding international human rights law which are likely to be relevant as the courts and lawyers in South Africa direct their minds to the protection of these constitutionally guaranteed rights. After a brief historical note on the international human rights context, the article discusses the sources and content of international human rights law, surveys some internationally protected rights, comments on the place of international law in South African municipal law before and after the 1993 Constitution, and pays attention to the domestic application of international human rights law in the light of the 1993 Constitution. The concluding section looks at the manner in which courts in other countries have interpreted rights similar to those enshrined in Chapter 3. It shows that there is an emerging jurisprudence, within the southern African subcontinent, which the courts in South Africa can look to. Notes, ref.