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du Toit, Darcy; Sirkhotte, Mariam --- "Human rights in the evolution of South African labour law" [2019] ELECD 1598; in Bellace, R. Janice; ter Haar, Beryl (eds), "Research Handbook on Labour, Business and Human Rights Law" (Edward Elgar Publishing, 2019) 170

Book Title: Research Handbook on Labour, Business and Human Rights Law

Editor(s): Bellace, R. Janice; ter Haar, Beryl

Publisher: Edward Elgar Publishing

Section: Chapter 10

Section Title: Human rights in the evolution of South African labour law

Author(s): du Toit, Darcy; Sirkhotte, Mariam

Number of pages: 20

Abstract/Description:

South Africa’s transition from a racist autocracy to a constitutional democracy was one of the most dramatic political transformations of recent times. Crucially, the new Constitution contained a ‘labour clause’ entrenching individual and collective labour rights. However, compliance with the Constitution meant compliance not only with the labour clause but with the entire Bill of Rights and international law. The chapter examines how the legislature has translated human rights into statutory provisions and how the courts have interpreted those provisions in giving effect to the underlying human rights which they embody. In some cases, it is noted, reference to human rights through the prism of the labour clause meant a narrowing down of those rights in the labour context whereas in other cases it led to a more generous interpretation of statutory labour rights.


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