Lessons from Mazibuko : Persistent Inequality
نویسنده
چکیده
This essay will explore the idea that in the wake of the Constitutional Court’s decision in Mazibuko v City of Johannesburg,1 activists who are committed to dismantling persistent racial and class inequality should weigh carefully the costs and benefits of using rights-based litigation as a strategy to advance their interests. In putting forward that general idea, I want to make two central points. First, it appears that after Mazibuko, the benefits of rights-based litigation for activists may well be quite small. This is because the Constitutional Court has embraced a neoliberal interest in cost recovery from the poor, and has declared cost recovery programs constitutional even when they infringe on socioeconomic rights. In light of the potential costs of engaging in rights litigation, I argue that the left should rely far less on rights-based litigation as an avenue of struggle.
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تاریخ انتشار 2011