Chapter 5 - The Justice System: Space For Negotiating Human Rights

Summary

This chapter is centred on the justice system and the negotiations that take place between state and NGOs in courts on the limits of human rights and state responsibility. The chapter reviews various cases heard by the Constitutional Court, as well as other high courts and adjudicating bodies, aiming to show the nature of arguments behind court judgments, particularly on women's rights. The chapter ultimately argues that the South African justice system is open and liberal enough to diversify its sources and allow for a constructive flow of information.