Catherine Albertyn
Biographic Data
| ID | 3827707 |
|---|---|
| NAME | Catherine Albertyn |
| GIVEN NAMES | Catherine |
| FAMILY NAME | Albertyn |
| SIGNATURE | ALBERTYN C |
| AFFILIATIONS | University of the Witwatersrand |
| ORCID | 0000-0003-4182-5079 |
| VERIFIED | Yes |
| TOTAL WORKS | 21 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 21 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 2 |
Section 9 in a time of Covid
Within the broad context of deepening inequality and poverty under Covid-19, this article examines three equality-related cases that address the distribution of economic relief to mitigate the effects of the pandemic in South Africa. In doing so, it explores three broad themes. First, what the cases reveal about ongoing political and legal contestation over the meaning of equality and the application of the equality right. Second, the disjuncture…
Introduction
Introduction
Introduction to special issue
In December 2016, the Universities of Cape Town (UCT) and the Witwatersrand (Wits) hosted a joint symposium in honour of retired Deputy Chief Justice, Dikgang Moseneke, which took place at the Scho
Contested substantive equality in the South African Constitution
This article briefly traces South Africa’s contested archive of equality, as it emerged in the twentieth century, and identifies the different liberal egalitarian, social democratic, socialist and radical ideas of equality that are appropriated and reconstructed within different struggles. It then suggests that the equality-centred, democratic Constitution represented an important anti-colonial and anti-patriarchal achievement, but that the plast…
National Human Rights Institutions in Global Perspectives
Introduction
Despite the fact that the Millennium Development Goals promised to achieve gender equality and maternal health by 2015, equality remains elusive for too many women. Indeed, austerity, the rise of fundamentalism and the continuing gendered division of labour, especially when it comes to socially necessary but unremunerated care work, have contributed to the increase in gendered inequalities in many areas of social life and in most regions of the w…
Special Issue on Disability
The inspiration for this SAJHR Special Issue can be found in two significant developments which are historically parallel and complement each another in the sphere of equality jurisprudence. The first is the development of a jurisprudence of substantive and transformative equality under the South African Constitution by the Constitutional Court in the post-apartheid era. The hallmark of substantive equality has been its departure from formal equa…
Dignity and Constitutional Transformation
The South African Constitution places three values at the heart of its democracy: human dignity, the achievement of equality, and freedom. These values give substance to the vision of the Constitut
Religion, custom and gender
This article analyses the legal processes of recognising customary and religious (Muslim) marriages in South Africa's constitutional democracy. It argues that the best interpretation of the Constitution requires laws that address cross-cutting issues of recognition and redistribution relating to religion/culture and gender, and that the best way to achieve this is through a ‘pluralistic solidarity’ that enables dialogue on how to secure cultural …
Introduction
Rights and Regulation is the special focus of this issue of the South African Journal on Human Rights. While the majority of this part contains articles and current developments of general interest, the Rights and Regulation focus is nevertheless an important one. It originates from the Law and Society Association's 2006 Summer Institute held at the University of the Witwatersrand, Johannesburg. The Institute was an intensive postgraduate student…
Introduction
Developed, developing, and transitional countries are all marked, to different degrees and in different ways, by deep inequalities of gender, race, disability, religion, sexual orientation, and other fault-lines of prejudice, disadvantage, and exclusion. In many countries, equality legislation initially sought to free individuals from the negative effects of these group characteristics, believing that in a colour-blind and gender-neutral world in…
Substantive Equality and Transformation in South Africa
This article considers whether 'substantive equality', as a transformative idea and legal mechanism in the South African Constitution, can generate legal solutions and court decisions that may result in transformative change. It does so by establishing a framework for analysing the 'inclusionary' or 'transformatory' effects of equality cases in relation to gender and sexual orientation. It argues that the idea of substantive equality is capable o…
Judicial Independence and the Constitution Fourteenth Amendment Bill
(2006). Judicial Independence and the Constitution Fourteenth Amendment Bill. South African Journal on Human Rights: Vol. 22, No. 1, pp. 126-143
Defending and securing rights through law
This article explores the extent to which the courts and legal processes have been engaged to address the gendered social and economic inequalities in South Africa. It thus explores the role of the courts in extending or limiting the rights of women, especially through the right to equality. It is argued that courts were not the main site for rights claims, especially in the early years of democracy, as feminist policy advocates preferred to advo…
Cases and Comments
Gender Equality in the Provinces
Gender Equality in the Provinces
The quest for gender equality has put some provinces ahead of the national deliberations, while others lack even a plan of action. CATHERINE ALBERTYN argues it is imperative for these structures to be harnessed constructively
Introducing the Right to Equality in the Interim Constitution
(1994). Introducing the Right to Equality in the Interim Constitution. South African Journal on Human Rights: Vol. 10, No. 2, pp. 149-178
Human Rights Index
Cases and Comments
Defending and securing rights through law
This article explores the extent to which the courts and legal processes have been engaged to address the gendered social and economic inequalities in South Africa. It thus explores the role of the courts in extending or limiting the rights of women, especially through the right to equality. It is argued that courts were not the main site for rights claims, especially in the early years of democracy, as feminist policy advocates preferred to advo…
Introducing the Right to Equality in the Interim Constitution
(1994). Introducing the Right to Equality in the Interim Constitution. South African Journal on Human Rights: Vol. 10, No. 2, pp. 149-178
Cases and Comments
Cases and Comments
Human Rights Index
Introducing the Right to Equality in the Interim Constitution
(1994). Introducing the Right to Equality in the Interim Constitution. South African Journal on Human Rights: Vol. 10, No. 2, pp. 149-178
Gender Equality in the Provinces
Gender Equality in the Provinces
The quest for gender equality has put some provinces ahead of the national deliberations, while others lack even a plan of action. CATHERINE ALBERTYN argues it is imperative for these structures to be harnessed constructively
Cases and Comments
Defending and securing rights through law
This article explores the extent to which the courts and legal processes have been engaged to address the gendered social and economic inequalities in South Africa. It thus explores the role of the courts in extending or limiting the rights of women, especially through the right to equality. It is argued that courts were not the main site for rights claims, especially in the early years of democracy, as feminist policy advocates preferred to advo…
Judicial Independence and the Constitution Fourteenth Amendment Bill
(2006). Judicial Independence and the Constitution Fourteenth Amendment Bill. South African Journal on Human Rights: Vol. 22, No. 1, pp. 126-143
Introduction
Developed, developing, and transitional countries are all marked, to different degrees and in different ways, by deep inequalities of gender, race, disability, religion, sexual orientation, and other fault-lines of prejudice, disadvantage, and exclusion. In many countries, equality legislation initially sought to free individuals from the negative effects of these group characteristics, believing that in a colour-blind and gender-neutral world in…
Substantive Equality and Transformation in South Africa
This article considers whether 'substantive equality', as a transformative idea and legal mechanism in the South African Constitution, can generate legal solutions and court decisions that may result in transformative change. It does so by establishing a framework for analysing the 'inclusionary' or 'transformatory' effects of equality cases in relation to gender and sexual orientation. It argues that the idea of substantive equality is capable o…
Introduction
Rights and Regulation is the special focus of this issue of the South African Journal on Human Rights. While the majority of this part contains articles and current developments of general interest, the Rights and Regulation focus is nevertheless an important one. It originates from the Law and Society Association's 2006 Summer Institute held at the University of the Witwatersrand, Johannesburg. The Institute was an intensive postgraduate student…
Religion, custom and gender
This article analyses the legal processes of recognising customary and religious (Muslim) marriages in South Africa's constitutional democracy. It argues that the best interpretation of the Constitution requires laws that address cross-cutting issues of recognition and redistribution relating to religion/culture and gender, and that the best way to achieve this is through a ‘pluralistic solidarity’ that enables dialogue on how to secure cultural …
Introduction
Despite the fact that the Millennium Development Goals promised to achieve gender equality and maternal health by 2015, equality remains elusive for too many women. Indeed, austerity, the rise of fundamentalism and the continuing gendered division of labour, especially when it comes to socially necessary but unremunerated care work, have contributed to the increase in gendered inequalities in many areas of social life and in most regions of the w…
Special Issue on Disability
The inspiration for this SAJHR Special Issue can be found in two significant developments which are historically parallel and complement each another in the sphere of equality jurisprudence. The first is the development of a jurisprudence of substantive and transformative equality under the South African Constitution by the Constitutional Court in the post-apartheid era. The hallmark of substantive equality has been its departure from formal equa…
Dignity and Constitutional Transformation
The South African Constitution places three values at the heart of its democracy: human dignity, the achievement of equality, and freedom. These values give substance to the vision of the Constitut
National Human Rights Institutions in Global Perspectives
Introduction to special issue
In December 2016, the Universities of Cape Town (UCT) and the Witwatersrand (Wits) hosted a joint symposium in honour of retired Deputy Chief Justice, Dikgang Moseneke, which took place at the Scho
Contested substantive equality in the South African Constitution
This article briefly traces South Africa’s contested archive of equality, as it emerged in the twentieth century, and identifies the different liberal egalitarian, social democratic, socialist and radical ideas of equality that are appropriated and reconstructed within different struggles. It then suggests that the equality-centred, democratic Constitution represented an important anti-colonial and anti-patriarchal achievement, but that the plast…
Section 9 in a time of Covid
Within the broad context of deepening inequality and poverty under Covid-19, this article examines three equality-related cases that address the distribution of economic relief to mitigate the effects of the pandemic in South Africa. In doing so, it explores three broad themes. First, what the cases reveal about ongoing political and legal contestation over the meaning of equality and the application of the equality right. Second, the disjuncture…
Introduction
Introduction
Political science (19 works) · Law (17 works) · Sociology (17 works) · Human Rights and Development (12 works) · Legal Issues in South Africa (10 works) · Human rights (8 works) · Law (8 works) · Gender Studies (6 works) · Constitution (4 works) · Inequality (4 works)