Outlining a right of access to sanitation in South African Law

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dc.contributor.advisorCalland, Richarden_ZA
dc.contributor.authorVan Zyl, Nicolasen_ZA
dc.date.accessioned2017-10-04T14:29:48Z
dc.date.available2017-10-04T14:29:48Z
dc.date.issued2017en_ZA
dc.description.abstractFor many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of their access to sanitation compromises their health, safety and ability to live a dignified life. Without an explicit right included in the Constitution, litigating on access to sanitation poses a formidable legal challenge. However, a critical analysis of South Africa's socio-economic and administrative law jurisprudence reveals that a fundamental right of access to sanitation is not exactly necessary. Outlining South Africa's vast network of service delivery legislation and policy, this thesis submits that there is a principled basis in our law to enforce a right of access to sanitation. It illustrates that this legal basis extends beyond merely protecting a person's existing access to sanitation, but includes positive duties imposed on the state to provide certain services as well.en_ZA
dc.identifier.apacitationVan Zyl, N. (2017). <i>Outlining a right of access to sanitation in South African Law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/25535en_ZA
dc.identifier.chicagocitationVan Zyl, Nicolas. <i>"Outlining a right of access to sanitation in South African Law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2017. http://hdl.handle.net/11427/25535en_ZA
dc.identifier.citationVan Zyl, N. 2017. Outlining a right of access to sanitation in South African Law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Van Zyl, Nicolas AB - For many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of their access to sanitation compromises their health, safety and ability to live a dignified life. Without an explicit right included in the Constitution, litigating on access to sanitation poses a formidable legal challenge. However, a critical analysis of South Africa's socio-economic and administrative law jurisprudence reveals that a fundamental right of access to sanitation is not exactly necessary. Outlining South Africa's vast network of service delivery legislation and policy, this thesis submits that there is a principled basis in our law to enforce a right of access to sanitation. It illustrates that this legal basis extends beyond merely protecting a person's existing access to sanitation, but includes positive duties imposed on the state to provide certain services as well. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - Outlining a right of access to sanitation in South African Law TI - Outlining a right of access to sanitation in South African Law UR - http://hdl.handle.net/11427/25535 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/25535
dc.identifier.vancouvercitationVan Zyl N. Outlining a right of access to sanitation in South African Law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/25535en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherHuman Rights Lawen_ZA
dc.titleOutlining a right of access to sanitation in South African Lawen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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