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Considerable confusion reigns as to whether social rights are genuine rights and whether they are justiciable, that is to say whether they are subject to scrutiny by the courts ‐ and, if so, to what extent. The confusion is kept alive not to say enhanced by a large number of legal writers who, for ideological reasons, will not accept that social rights are full rights in themselves and will not even reconcile themselves to the fact that they are part of positive law. I believe therefore that it is important ‐ indeed high time ‐ for us, firstly, to review the various arguments put forward ‐ particularly by German writers ‐ and examine them from a purely legal viewpoint in order to show that social rights are justiciable and, secondly, to highlight the “structural” characteristics of social rights which lend their justiciability certain distinctive traits.

This paper aims to demonstrate the specialty of the elderly issues and acknowledge the existence of their specific human rights that propose for a special treatment to be given or shown to them as priority as women or children, etc. Indubitably, the very issue is timely in all perspective. Because it is now axiomatic that the fastest growing elderly population becomes a challenge for the whole world for manifold reasons. They include, inter alia, the lack of a social security apparatus or if any, they are insufficient; the weakening of traditional family bonding; almost no explicit references to elderly people in existing international human right laws; and mere stand-by of soft law addressing the rights of the elderly over time. Consequently, these all have probably failed to meet the most urgent needs of this growing demographic.

This paper is an effort made to recognize the “particular vulnerability” of the older persons and with identification of “specific rights”, advocate for special treatment for them and, optimally, the realization of their rights with respect.

In addition, this treatise attempts to focus on the nature and constitutional importance of elderly rights with the aim of providing the elderly with social security and prioritization; and more particularly, scrutiny of the impending and timely imperative for formulation of new legal instrument so as to adequately address the issue globally.

The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women.

This paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women’s Convention and identifies its linkage to ICESCR.

ESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women’s ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment.

The work is original and not published by any other journal so far.

Years ago, the Katz Commission questioned the constitutionality of certain provisions of the Income Tax Act, 1962. The purpose of this article is to investigate the general principles of human rights litigation and the progress made to date in respect of rectifying the unconstitutional provisions of the Income Tax Act that were identified by the Katz Commission. It has been established that, although some unconstitutional provisions have been amended, others still prevail, and that, in the light of the factors identified, they will probably not be challenged successfully by taxpayers.

The purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.

The critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.

The case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.

This is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.

The paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.

The paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).

The discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

This chapter examines and illustrates the judicial treatment of relevant concepts and norms of corporate sustainability and relevant implications for the implementation of the UN Global Compact.

This is a conceptual examination of relevant legislation, cases and concepts used by judges in giving practical content to the concepts of ‘sustainable development’, ‘sustainability’ and ‘corporate sustainability’.

The judiciary has been fashioning applicable policy, resolving and balancing the clash of interests, setting guidelines and parameters for statutory interpretation in elucidating the concept of corporate sustainability. To that extent ‘corporate sustainability law’ is developing, not only in municipal public law where legislation is the key driver, but as ‘soft’ international law.

This is a general survey of trends in judicial reasoning from different countries and legal traditions and is not applicable exclusively to any jurisdiction. The implication is that there is room for detailed study of applicable rules in each jurisdiction.

The chapter offers guidance for strategic implementation of the Global Compact, compliance to emergent obligatory principles, for shaping policy and corporate political management.

This chapter contributes to an understanding of the role and impact of the judiciary in developing corporate sustainability law and congruent principles of the Global Compact.

The first prison system case in Zimbabwe was notified in July 2020 shortly after State declaration of disaster. A legal-realist assessment was conducted of the Zimbabwean correctional system response to COVID-19 during state disaster measures, with a focus on assessing right to health, infectious disease mitigation and the extent to which minimum state obligations complied with human and health rights standards.

The Zimbabwean correctional system operations during COVID-19 disaster measures are scrutinized using a range of international, African and domestic human rights instruments in relation to the right to health of prisoners. This study focused particularly on standards of care, environmental conditions of detention and right of access to health care.

Systemic poor standards of detention are observed, where prisoners experience power outages, water shortages and a lack of access to clean drinking water and water for ablution purposes, a severe lack of safe space and adequate ventilation, poor quality food and malnutrition and a lack of sufficient supply of food, medicines, clothing and bedding. Whilst access to health care of prisoners in Zimbabwe has greatly improved in recent times, the standard of care was severely stretched during COVID-19 due to lack of government resourcing and reliance on non-governmental organisation and faith-based organisations to support demand for personal protective equipment, disinfection products and medicines.

Prison conditions in Zimbabwe are conducive to chronic ill health and the spread of many transmissible diseases, not limited to COVID-19. The developed legal-realist account considers whether Zimbabwe had a culture of respect for the rule of law pertinent to human and health rights of those detained during COVID-19 disaster measures, and whether minimum standards of care were upheld.

The lockdown and physical distancing precautions to curtail the increase of COVID-19 in Africa nearly shut down economies across the continent, caused slow trade, and triggered mass poverty. Hence, the need for Africa to be interconnected with the world economy by reforming its legal systems for swift post-COVID-19 economic recovery, to utilise the legal system in addressing socio-economic shocks. The weaknesses in Africa's legal systems in response to socio-economic shocks uncovered a critical threat to humanity, despite efforts, limited resources and strategies put in place. This research adopts a library-based doctrinal legal research technique with a critical review and conceptual approach by relying on the existing literature. The aim is to explore the potency of the existing legal frameworks, such as the African Continental Free Trade Agreement and the Economic Community of West African States Protocol, to combat socio-economic shocks in Africa's Economy. The study carries out a comparative appraisal of the legal system in Ghana, Angola, Kenya, South Africa and Nigeria for useful insights in suggesting conversion of the pandemic to blessings by reforming their legal systems to embrace technologies to guarantee speedy economic recovery strategies. The study proposes a model for speedy economic recovery via legal instruments to support commercial activities. It ends with recommendations such as the reformation of the legal system to mitigate jobs losses and embrace technologies. Adopting alternative dispute resolution mechanisms, strict implementation of African Continental Free Trade Agreement for economic resilience against future economic shocks.