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In the Spirit of Ubuntu: Enforcing the Rights of Orphans and Vulnerable Children Affected by HIV/AIDS in South Africa

82 Pages Posted: 23 Jan 2011  

John D. Bessler

University of Baltimore - School of Law; Georgetown University Law Center

Date Written: Winter 2008

Abstract

This Article discusses the traditional African concept of ubuntu, which is frequently cited in South African jurisprudence, and analyzes South Africa's lack of compliance with the human rights of orphans and vulnerable children whose lives have been affected by HIV/AIDS. The Constitution of the Republic of South Africa explicitly protects children's rights and various socio-economic rights of concern to children, and the Constitutional Court of South Africa has held such rights to be justiciable. The constitutional rights of South African children affected by HIV/AIDS, however, have been continually violated. This Article discusses how the existence of these constitutional rights may assist orphans and vulnerable children as well as those advocating on their behalf. It also identifies legal strategies pertaining to such rights that may be used to improve the lives of HIV/AIDS-affected children in South Africa.

Keywords: South Africa, ubuntu, jurisprudence, orphans, vulnerable children, human rights, HIV, AIDS, Constitution of the Republic of South Africa, socio-economic rights, Constitutional Court of South Africa, legal advocates. legal representation, legal strategies

JEL Classification: K19, K32, K39, K49, O55, I18

Suggested Citation

Bessler, John D., In the Spirit of Ubuntu: Enforcing the Rights of Orphans and Vulnerable Children Affected by HIV/AIDS in South Africa (Winter 2008). Hastings International and Comparative Law Review, Vol. 31, No. 1, pp. 33-113, Winter 2008. Available at SSRN: https://ssrn.com/abstract=1745077

John D. Bessler (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States
4108374690 (Phone)
4108374450 (Fax)

HOME PAGE: http://law.ubalt.edu/

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://www.law.georgetown.edu/

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