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Periodical article | Leiden University catalogue | WorldCat |
Title: | Rights and the city: an exploration of the interaction between socio-economic rights and the city |
Authors: | Coggin, Thomas Pieterse, Marius |
Year: | 2012 |
Periodical: | Urban Forum (ISSN 1874-6330) |
Volume: | 23 |
Issue: | 3 |
Pages: | 257-278 |
Language: | English |
Geographic term: | South Africa |
Subjects: | social and economic rights public services urban planning jurisprudence |
External link: | https://link.springer.com/article/10.1007/s12132-011-9135-8 |
Abstract: | In a rapidly urbanizing society and against a background of rural underdevelopment, cities in South Africa are increasingly the locations for access to basic socioeconomic amenities and essential services. Access to the city and everything that it offers therefore impacts profoundly on the manner and extent to which poor and marginalized persons access the objects of their constitutionally ensconced socioeconomic rights. Conversely, the content of the 'right to the city' is impacted by legal understandings of the ambit, scope and enforceability of socioeconomic rights. Either way, the South African Constitution's entrenchment of rights to access water, housing, health care services and education, alongside its guarantee of a substantive right to equality, means that urban design, policymaking and regeneration processes have become increasingly legalized and will increasingly be tested for constitutional compliance, especially in instances where they have the effect of excluding poor and marginalized persons from the city. This article begins to unpack the interrelationship between constitutional rights and the right to the city, focusing specifically on the impact of rights-based litigation and judgments on urban policymaking, design and regeneration in South Africa. Bibliogr., sum. [Journal abstract] |