Sandra Liebenberg
Biographic Data
| ID | 4091945 |
|---|---|
| NAME | Sandra Liebenberg |
| GIVEN NAMES | Sandra |
| FAMILY NAME | Liebenberg |
| SIGNATURE | LIEBENBERG S |
| AFFILIATIONS | Stellenbosch University |
| ORCID | 0000-0001-7432-2131 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 21 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1995 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Recognizing future generations under the International Covenant on Economic, Social and Cultural Rights: An overdue reappraisal
In the face of multiple threats to humanity’s future existence and well-being, international law is increasingly evolving in the direction of recognizing human rights obligations towards future generations (FG). This article explores whether the leading international human rights treaty protecting economic, social, and cultural rights, the International Covenant on Economic, Social, and Cultural Rights, can be understood and interpreted to apply …
Commentary to the Maastricht Principles on the Human Rights of Future Generations
Austerity in the midst of a pandemic: Pursuing accountability through the socio-economic rights doctrine of non-retrogression
This article examines the potential of the socio-economic rights doctrine of non-retrogression to hold the state accountable for policies of fiscal consolidation (‘austerity measures’) in South Africa. These policies threaten to erode many programmes and institutions critical to the delivery of the socio-economic rights recognised in the Constitution. The article provides a contextual analysis of fiscal consolidation policies in South Africa both…
Participatory Justice in Social Rights Adjudication
Ranging from individual procedural fairness rights to collective citizenship-based models, participatory justice plays a significant role in social rights adjudication under both international human rights and domestic constitutional law jurisdictions. The historic coming into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights invites renewed attention to the role of participatory justice in socia…
Social Rights and Transformation in South Africa: Three Frames
This article conceives of transformative constitutionalism as processes of constitutional enactment, interpretation and enforcement which help bring about fundamental changes to South Africa's current unjust economic and social structures. Transformative strategies seek to redress the underlying structures which generate patterns of material deprivation and status hierarchies. Based on this understanding, the article analyses the transformative p…
Participatory Approaches to Socio-Economic Rights Adjudication: Tentative Lessons from South African Evictions Law
This article explores the potential of participatory modes of adjudicating socio-economic rights to mitigate the democratic and distributive deficits of adjudication, particularly in the context of the structural reforms required to fulfil the positive duties imposed by these rights. It traces a particular application of a participatory model of adjudication through the doctrine and remedy of meaningful engagement which has emerged in the context…
Contested spaces: Housing rights and evictions law in post-apartheid South Africa
The 1996 South African Constitution is renowned for entrenching a broad range of judicially enforceable socio-economic rights, including the right of everyone to have access to adequate housing and to be protected from arbitrary evictions in section 26. Although the South African Constitutional Court has issued a number of landmark housing rights decisions in recent years, an emphasis on spatial justice remains elusive in the jurisprudence and ac…
Developing the Law of Joinder in the Context of Evictions of People from their Homes
There are circumstances in which it is essential to join a party because of the interest that party has in the matter. The underlying principle is that interested parties should be afforded an opportunity to be heard in matters in which it has a direct and substantial interest. Applications for the eviction of unlawful occupiers from private land in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (P…
Social Rights Jurisprudence: Emerging Trends in International and Comparative Law
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and …
The Interrelation Ship Between Equality and Socio-Economic Rights Und Er South Africa’s Transformative Constitution
This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and inequality in South Africa. We proceed from the principle that rights are interdependent and interconnected, and examine the implications of this for our evolving socio-economic rights and equality jurisprudence. We argue that such a …
The Value of Human Dignity in Interpreting Socio-Economic Rights
There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights jurisprudence? Drawing on the work of Martha Nussbaum, the article links the value of human dignity to the material conditions necessary to enable people to develop and exercise their capabilities. Access to basic social services is …
Giving Money to Children: The State’s Constitutional Obligations to Provide Child Support Grants to Child Headed Households
One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of challenges to our society. Not least of these is the challenge to change laws that hamper these households from accessing desperately needed benefits. The state currently provides a child support grant (CSG) for children in need. Th…
The Right to Social Assistance: The Implications of Grootboom for Policy Reform in South Africa
The 1996 South African Constitution recognises a right of access to social assistance for people who are unable to support themselves and their dependants. This article explores the implications of this right for social security policy development in the light of the principles established in Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC). The deep structural problems of poverty and inequality in South Africa have crea…
Social Citizenship: A Precondition for Meaningful Democracy
In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were the great achievement of the 18th Century, establishing the principle of the equality of all members of society before the law. Political rights emerged in the 19th Century, paving the way for increasingly broader participation i…
The International Covenant on Economic, Social and Cultural Rights and its Implications for South Africa
Contested spaces: Housing rights and evictions law in post-apartheid South Africa
The 1996 South African Constitution is renowned for entrenching a broad range of judicially enforceable socio-economic rights, including the right of everyone to have access to adequate housing and to be protected from arbitrary evictions in section 26. Although the South African Constitutional Court has issued a number of landmark housing rights decisions in recent years, an emphasis on spatial justice remains elusive in the jurisprudence and ac…
The Value of Human Dignity in Interpreting Socio-Economic Rights
There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights jurisprudence? Drawing on the work of Martha Nussbaum, the article links the value of human dignity to the material conditions necessary to enable people to develop and exercise their capabilities. Access to basic social services is …
Social Citizenship: A Precondition for Meaningful Democracy
In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were the great achievement of the 18th Century, establishing the principle of the equality of all members of society before the law. Political rights emerged in the 19th Century, paving the way for increasingly broader participation i…
The Interrelation Ship Between Equality and Socio-Economic Rights Und Er South Africa’s Transformative Constitution
This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and inequality in South Africa. We proceed from the principle that rights are interdependent and interconnected, and examine the implications of this for our evolving socio-economic rights and equality jurisprudence. We argue that such a …
The Right to Social Assistance: The Implications of Grootboom for Policy Reform in South Africa
The 1996 South African Constitution recognises a right of access to social assistance for people who are unable to support themselves and their dependants. This article explores the implications of this right for social security policy development in the light of the principles established in Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC). The deep structural problems of poverty and inequality in South Africa have crea…
The International Covenant on Economic, Social and Cultural Rights and its Implications for South Africa
Social Citizenship: A Precondition for Meaningful Democracy
In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were the great achievement of the 18th Century, establishing the principle of the equality of all members of society before the law. Political rights emerged in the 19th Century, paving the way for increasingly broader participation i…
The Right to Social Assistance: The Implications of Grootboom for Policy Reform in South Africa
The 1996 South African Constitution recognises a right of access to social assistance for people who are unable to support themselves and their dependants. This article explores the implications of this right for social security policy development in the light of the principles established in Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC). The deep structural problems of poverty and inequality in South Africa have crea…
Giving Money to Children: The State’s Constitutional Obligations to Provide Child Support Grants to Child Headed Households
One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of challenges to our society. Not least of these is the challenge to change laws that hamper these households from accessing desperately needed benefits. The state currently provides a child support grant (CSG) for children in need. Th…
The Value of Human Dignity in Interpreting Socio-Economic Rights
There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights jurisprudence? Drawing on the work of Martha Nussbaum, the article links the value of human dignity to the material conditions necessary to enable people to develop and exercise their capabilities. Access to basic social services is …
The Interrelation Ship Between Equality and Socio-Economic Rights Und Er South Africa’s Transformative Constitution
This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and inequality in South Africa. We proceed from the principle that rights are interdependent and interconnected, and examine the implications of this for our evolving socio-economic rights and equality jurisprudence. We argue that such a …
Social Rights Jurisprudence: Emerging Trends in International and Comparative Law
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and …
Developing the Law of Joinder in the Context of Evictions of People from their Homes
There are circumstances in which it is essential to join a party because of the interest that party has in the matter. The underlying principle is that interested parties should be afforded an opportunity to be heard in matters in which it has a direct and substantial interest. Applications for the eviction of unlawful occupiers from private land in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (P…
Participatory Approaches to Socio-Economic Rights Adjudication: Tentative Lessons from South African Evictions Law
This article explores the potential of participatory modes of adjudicating socio-economic rights to mitigate the democratic and distributive deficits of adjudication, particularly in the context of the structural reforms required to fulfil the positive duties imposed by these rights. It traces a particular application of a participatory model of adjudication through the doctrine and remedy of meaningful engagement which has emerged in the context…
Contested spaces: Housing rights and evictions law in post-apartheid South Africa
The 1996 South African Constitution is renowned for entrenching a broad range of judicially enforceable socio-economic rights, including the right of everyone to have access to adequate housing and to be protected from arbitrary evictions in section 26. Although the South African Constitutional Court has issued a number of landmark housing rights decisions in recent years, an emphasis on spatial justice remains elusive in the jurisprudence and ac…
Social Rights and Transformation in South Africa: Three Frames
This article conceives of transformative constitutionalism as processes of constitutional enactment, interpretation and enforcement which help bring about fundamental changes to South Africa's current unjust economic and social structures. Transformative strategies seek to redress the underlying structures which generate patterns of material deprivation and status hierarchies. Based on this understanding, the article analyses the transformative p…
Participatory Justice in Social Rights Adjudication
Ranging from individual procedural fairness rights to collective citizenship-based models, participatory justice plays a significant role in social rights adjudication under both international human rights and domestic constitutional law jurisdictions. The historic coming into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights invites renewed attention to the role of participatory justice in socia…
Austerity in the midst of a pandemic: Pursuing accountability through the socio-economic rights doctrine of non-retrogression
This article examines the potential of the socio-economic rights doctrine of non-retrogression to hold the state accountable for policies of fiscal consolidation (‘austerity measures’) in South Africa. These policies threaten to erode many programmes and institutions critical to the delivery of the socio-economic rights recognised in the Constitution. The article provides a contextual analysis of fiscal consolidation policies in South Africa both…
Commentary to the Maastricht Principles on the Human Rights of Future Generations
Recognizing future generations under the International Covenant on Economic, Social and Cultural Rights: An overdue reappraisal
In the face of multiple threats to humanity’s future existence and well-being, international law is increasingly evolving in the direction of recognizing human rights obligations towards future generations (FG). This article explores whether the leading international human rights treaty protecting economic, social, and cultural rights, the International Covenant on Economic, Social, and Cultural Rights, can be understood and interpreted to apply …
Law (13 works) · Political science (13 works) · Human Rights and Development (12 works) · Legal Issues in South Africa (12 works) · Sociology (12 works) · Human rights (9 works) · Law and economics (6 works) · Constitution (5 works) · Law (5 works) · Context (archaeology (3 works)