Alleviating poverty through the Constitutional Court

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Periodical article

Title:	Alleviating poverty through the Constitutional Court
Author:	Van Bueren, Geraldine
Year:	1999
Periodical:	South African Journal on Human Rights
Volume:	15
Issue:	1
Pages:	52-74
Language:	English
Geographic term:	South Africa
Subjects:	poverty rule of law
External link:	https://doi.org/10.1080/02587203.1999.11834999
Abstract:	Constitutional human rights litigation has the potential to play an important role in South Africa within a broader eradication of poverty strategy, but new litigation tools need to be developed which are more appropriate for litigating on economic and social rights, including human rights budgets and indicators. New approaches also have to be adopted, including identifying the minimum core of the government's obligations in relation to each right and an appropriate standard of review by the Constitutional Court. Essential in using the courts to help alleviate poverty is a judiciary with vision and lawyers with compassion. In terms both of practical national poverty reduction, and for reasons of legal strategy, devising a test case specifically for the combating of child poverty offers significant advantages. Notes, ref., sum.