Browsing PER: Potchefstroom Electronic Law Journal by Subject "Dignity"
Now showing items 1-5 of 5
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A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The exclusion of liability for emotional harm to passengers in the Warsaw and Montréal convention: moving away from Floyd, Siddhu and Pienaar to the Stott case?
(2017)This contribution focuses on the transport of passengers on international routes and the legal regime set down by the Warsaw Convention of 1929 and reinforced by the Montréal Convention of 1999. These Conventions regulate ... -
Judicial "translation" and contextualisation of values: rethinking the development of customary law in Mayelane
(2015)The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
Realisation of a child's right to a basic education in the South African school system: some lessons from Germany
(2015)Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human ...