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Refereed articles

An interpretation of "relevant organs of state" in section 184(3) of the Constitution and their duty to provide information on socio-economic rights to the South African Human Rights Commission

With regard to the enforcement of socio-economic rights, the monitoring role of the South African Human Rights Commission is termed "soft" enforcement. Karrisha Pillay explores the scope of this task by analysing the definition of a "relevant organ of state" that must report to the HRC.

An "organ of state" includes all spheres of government and statutory bodies exercising a public power, whereas the term "relevant" confines the reporting duty to those organs which are principallly responsible for the realisation of socio-economic rights. Pillay proposes an approach to identifying such organs and discusses broader challenges facing the HRC in this context.

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