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The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa
Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613486686666752 |
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| access_status_str | Open Access |
| author2 | Nshimbi, Christopher Changwe |
| author_browse | Nshimbi, Christopher Changwe |
| author_facet | Nshimbi, Christopher Changwe |
| 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 | Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/97340 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:55.109Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/97340 The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa Nshimbi, Christopher Changwe u18264035@tuks.co.za Amaechi, Victoria UCTD Evictions Undocumented Refugees Immigrants State Sustainable development goals (SDGs) Law theses SDG-10 SDG-11: Sustainable cities and communities Law theses SDG-11 SDG-16: Peace, justice and strong institutions Law theses SDG-16 SDG-10: Reduced inequalities Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2024. The 1996 South African Constitution and section 26 of the Prevention of Illegal Eviction from and Unlawful Occupation Act guarantee the protection of persons who live in South Africa against unlawful eviction or discriminatory or arbitrary removals from one’s place of shelter. Undocumented migrants living in South Africa should be given this protection against evictions. South Africa has ratified numerous international statutes which oblige states to protect undocumented immigrants against unlawful eviction. The research paper examines the national legal framework governing forceful evictions of undocumented immigrants living in South Africa and the state’s obligation to guarantee such protection. The study analyses the existing legal regimes, including international human rights law and domestic legislation, to assess their effectiveness in safeguarding the rights of undocumented immigrants against evictions based on legal status or citizenship. It explores the constitutional threshold of these legal frameworks and their compatibility with international human rights standards. The research also investigates the state’s obligations under international law and the measures it should take to ensure the protection of undocumented immigrants against forceful evictions. By evaluating the legal framework and state obligations, this research paper aims to contribute to the ongoing discourse on the rights of undocumented immigrants and provide insights for policymakers, legal practitioners, and scholars. Centre for Human Rights LLM (Multidisciplinary Human Rights) Restricted Faculty of Laws 2024-07-30T15:11:25Z 2024-07-30T15:11:25Z 2024-07-03 2024-04-30 Mini Dissertation * S2024 http://hdl.handle.net/2263/97340 This letter confirms that Victoria Amaechi (student number 18264035) did not use any datasets or field study in her thesis titled ‘The legal framework and the role of the state in protecting immigrants against forced evictions in South Africa‘, submitted in fulfilment of the requirements for the LLM degree. 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 Evictions Undocumented Refugees Immigrants State Sustainable development goals (SDGs) Law theses SDG-10 SDG-11: Sustainable cities and communities Law theses SDG-11 SDG-16: Peace, justice and strong institutions Law theses SDG-16 SDG-10: Reduced inequalities The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa |
| title | The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa |
| title_full | The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa |
| title_fullStr | The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa |
| title_full_unstemmed | The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa |
| title_short | The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa |
| title_sort | legal framework and the role of the state in protecting undocumented immigrants against forced eviction in south africa |
| topic | UCTD Evictions Undocumented Refugees Immigrants State Sustainable development goals (SDGs) Law theses SDG-10 SDG-11: Sustainable cities and communities Law theses SDG-11 SDG-16: Peace, justice and strong institutions Law theses SDG-16 SDG-10: Reduced inequalities |
| url | http://hdl.handle.net/2263/97340 |