Ray Publishes on South African Constitutional Obligation to Provide Emergency Housing

Professor Brian E. Ray

Professor Brian E. Ray

Brian E. Ray, C|M|LAW’s Joseph C. Hostetler-Baker & Hostetler Professor of Law, published Courts, capacity and engagement: Lessons from Hlophe v City of Johannesburg in the Economic and Social Rights Review, a publication of the Social and Economic Rights Project at the University of the Western Cape’s Community Law Centre.  The comment analyzes a recent South African housing-rights decision in which a court ordered the City of Johannesburg to detail the planning and budgeting processes it has developed to comply with its constitutional obligation to provide emergency housing to people rendered homeless by eviction from private property.  Ray argues that this is one of the first cases where a South African court has used the right to housing to address broader, systemic problems in service delivery and connects this authority to the Constitutional Court’s meaningful engagement requirement.  Ray conducted research for this comment while he was a Fulbright Scholar at the Community Law Centre and the University of Stellenbosch from January through August 2013.

Please click here to download the ESR Review, no. 3, 2013, in which Professor Ray’s article appears:

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