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The protection of indigent widows’ right to social assistance in South Africa
Thesis (PhD)--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613512570765312 |
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| access_status_str | Open Access |
| author2 | Budoo-Scholtz, Ashwanee |
| author_browse | Budoo-Scholtz, Ashwanee |
| author_facet | Budoo-Scholtz, Ashwanee |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (PhD)--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93517 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:19.710Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/93517 The protection of indigent widows’ right to social assistance in South Africa Budoo-Scholtz, Ashwanee crystalamenda@yahoo.com Jegede, Ademola Oluborode Mokoena, Untalimile Crystal UCTD Widows Human rights Social assistance Social security Livelihood Thesis (PhD)--University of Pretoria, 2023. This study seeks to critically analyse the protection of the indigent widows’ rights to social assistance in South Africa. The right to social assistance is one of the major strands of an internationally and domestically protected right to social security. Social assistance, however, does not extend to indigent widows; this is regardless of the express protection by the apex law of the country. Only widows eligible to benefit from social insurance enjoy social security in South Africa. This leaves a significant portion of widows unprotected since owing to high unemployment rates only a minority can contribute towards social insurance. Supplementary to the vulnerability of women, widows suffer multiple human rights violations exacerbated by various cultural practices. Most of the widowhood rites imposed on widows, directly or indirectly, impact on their social security. Using both doctrinal and socio-legal research methodologies, this thesis answers the question of how South Africa can ensure better protection of widows' right to access to social assistance. The doctrinal research methodology is used to facilitate a thorough analysis of legal ideologies and principles while the socio-legal research approach helps to analyse and understand the law in context. The thesis’ contribution to knowledge is that it argues that South African indigent widows do not enjoy the constitutionally-guaranteed right to access to social assistance. The Constitution expressly states that this right must be extended to everyone unable to support himself or herself, despite this, the indigent widows cohort cannot access this right. This is because the legal framework tasked with the administration of social assistance does not include indigent widows. The social relief of distress which could be the one cushioning indigent widows is presented with challenges that this thesis finds to be a barrier to the enjoyment of the right. Among the findings of this research is that the plight of widows makes them eligible for social assistance, therefore, the South African legal framework should consider granting indigent widows’ social assistance. Some of the recommendations include employing an interpretative approach to the Social Assistance Act which would include indigent widows’ social assistance. Furthermore, the country may consider empowerment programmes, directly aimed at uplifting indigent widows. Centre for Human Rights Doctor of Legum (LLD) Unrestricted Faculty of Laws SDG-01:No poverty SDG-02:Zero Hunger SDG-03:Good heatlh and well-being SDG-05:Gender equality SDG-10:Reduces inequalities 2023-11-29T06:48:56Z 2023-11-29T06:48:56Z 2023-12-08 2023 Thesis * D2023 http://hdl.handle.net/2263/93517 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Widows Human rights Social assistance Social security Livelihood The protection of indigent widows’ right to social assistance in South Africa |
| title | The protection of indigent widows’ right to social assistance in South Africa |
| title_full | The protection of indigent widows’ right to social assistance in South Africa |
| title_fullStr | The protection of indigent widows’ right to social assistance in South Africa |
| title_full_unstemmed | The protection of indigent widows’ right to social assistance in South Africa |
| title_short | The protection of indigent widows’ right to social assistance in South Africa |
| title_sort | protection of indigent widows right to social assistance in south africa |
| topic | UCTD Widows Human rights Social assistance Social security Livelihood |
| url | http://hdl.handle.net/2263/93517 |