The author discusses the traditional African concept of ubuntu, which is frequently cited in South African jurisprudence, and analyzes South Africa's violation of the human rights of orphans and vulnerable children affected by HIV/AIDS. South Africa's Constitution explicitly protects children's rights and various socio-economic rights of concern to children. The Constitutional Court of South Africa has held such rights to be justiciable, yet the rights of South African children have continually been violated. The author discusses how the existence of these rights may assist orphans and vulnerable children as well as those advocating on their behalf, and identifies legal strategies pertaining to such rights that may be used to improve the lives of HIV/AIDS-affected children.
John D. Bessler,
In the Spirit of Ubuntur. Enforcing the Rights of Orphans and Vulnerable Children Affected by HIV/AIDS in South Africa,
31 Hastings Int'l & Comp. L. Rev. 33
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol31/iss1/2