Realising the Right to Health for Young People in South Africa—Some Reflections

Abstract

The right to health is enshrined in the South African Constitution as well as a range of international and regional human rights treaties which South Africa accepts. Yet empirical data reveals some of the challenges faced by South African youth—childhood diseases, HIV/AIDS and such like. There are evidently challenges realising the right to health in practice. Nevertheless, South African courts have led the international field in recognising the justiciability of economic and social rights such as the right to health. Having reviewed the applicable laws and jurisprudence, the paper will conclude that a more holistic human rights-based approach offers perhaps the best way forward.     

The 2017 election in Kenya: reimagining the past or introducing the future?

The new 2010 Kenya Constitution introduced a devolved system of government that has radically transformed the Kenyan polity. The political elite which operated primarily at the national level now encounters a new competitive political arena with the introduction of county governments under devolution. In particular, a new post of County Governor has surpassed in power calculations both the traditional MP and the new position of senator. In the 2013 elections, the focus was on the national arena; in 2017, all this will change.     

Communication in family court: financial remedy proceedings from the perspective of litigants in person

The article presents a rationale for communicative, conceptual, cognitive and procedural challenges experienced by litigants in person in financial remedy proceedings. The article also explores oscillation between written and spoken legal genres and narrative development strategies which litigants in person have to use throughout different stages (from the early stages of starting proceedings, filling in court forms and providing documentation, through the negotiation process to interaction in court). While legal professionals express themselves in paradigmatic legal mode influenced by legal acts and legislation, litigants in person tend to express themselves in narrative mode similar to everyday storytelling. The objective is to investigate obstacles litigants in person experience during the process originally designed by legal professionals for legal professionals. The article evaluates different options for empowering lay people involved in legal proceedings and argues for the need to provide more specific support for different stages of family proceedings.     

论律师法的修改及对刑事诉讼理念的影响

修改后的律师法,扩大了执业律师在刑事诉讼活动中的权利,从理论上解决了律师执业中"会见难"、"阅卷难"和"调查取证难"的三大难题.从立法机关的立法理念上来讲,这次律师法修改,是一种刑事诉讼理念上的进步,赋予了律师与司法机关在刑事诉讼中更加平等的权利,给予了律师以充分的法律信任,表明律师的政治地位和法律待遇在不断提高,他们将在刑事诉讼中发挥越来越大的作用.     

论美国的正当程序理念及制度对我国环境行政听证的启示--中美环境行政听证制度比较

美国联邦宪法的"正当程序条款"赋予了公民听证的权利,并在此基础上发展形成了一整套听证制度,环境行政听证制度经20世纪后半叶的不断发展也趋于完善,从而给予了公民充分参与环境决策以维护自身环境权益的机会和权利.相比之下,我国的环境行政听证才刚刚起步,有许多地方需要尽快完善.美国完善的环境行政听证制度可以为我们提供这方面的参考.     

The challenges of prisoner reentry faced by Native American returning offenders

This article examines the economic, social, and cultural challenges American Indian¹1. We recognize there are no universally accepted or accurate labels for the Indigenous Peoples of North America. Although individual tribal names are preferred, we have chosen to use the term American Indian or Native American to represent the collective population that is present within this study.View all notes inmates face as they reintegrate back into a rural reservation community. Utilizing surveys, focus groups, and in-depth interviews with a variety of stakeholder groups, including community corrections, law enforcement, treatment providers, and tribal leaders, this research explores the reentry challenges faced by Native American returning offenders. Findings indicated that although similarities exist with other reentry populations, especially other minority groups, several unique challenges appear. The possible policy implications of these findings for the reentry process are also discussed.     

股东大会会议体制下的股东质询权——日本董事等说明义务制度的理论借鉴

日本判例学说基于会议体制运营的一般原则,一直肯定董事等在股东大会上的说明义务,1981年更以立法形式将该义务明确,并在之后30年中进一步完善。相比之下,我国公司法虽以股东质询权的形式明确了董事等的说明义务,但忽略了其与股东大会会议体制之间的理论关系,这将导致很多具体问题难以合理解释和操作,鉴于此,有必要在今后的解释或立法中明确这项义务在股东大会会议体制中的定位。     

Advising Ministers – The Special Problem of Defence

Successive Australian Defence Ministers have been frustrated and occasionally embarrassed by the quality of advice and information provided to them by the Defence organisation. Decades of reviews and reorganisations have failed to find solutions to the special difficulties that Defence faces in providing accurate, timely information and advice to ministers across the broad spectrum of their responsibilities. This article argues that there are multiple explanations for the concerns that are frequently expressed about its policy advisory capacity – most of which are inherent to Defence organisations around the world. While the Defence culture of secrecy is partly responsible, other factors such as the scale of Defence's operations, the multiple cultures that exist within it (military, civilian, and intelligence) that make coherence harder than in more homogenous departments, the long‐time horizons of defence planning as well as the high costs of procurement, must also be considered. The erosion of trust between the organisation and minister has been exacerbated by the intense scrutiny of the media that overburdens ministers and adds another layer of complexity to their role. As history shows, there are push and pull factors that continue to embroil ministers in the minutiae of defence difficulties, while the complexity and scale of operations will undoubtedly continue to impact on the timeliness of advice.     

会议主持词写作应把握的几个问题

主持词是会议文件的组成部分。写好会议主持词,用好会议主持词,对开好会议,取得预期效果具有十分重要的作用。主持词是一种经常接触和使用而又常常被人们忽视的文书。只有认清意义,把握特点,掌握格式,明确要求,才能提高自身撰写会议主持词的水平,提升会议主持词的办文质量。