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20 Law Democracy & Dev. 1 (2016)

handle is hein.journals/laacydev20 and id is 1 raw text is: Geography, marginalisation and the performance of the right to have access to health care services in Johannesburg MARIUS PIETERSE* Professor of Law, University of the Witwatersrand 1 INTRODUCTION Legal human rights discourse is often criticised for its abstract and procedural nature which, as the Critical Legal Studies scholars of the 1980s famously argued, distances rights from the real lived experiences of their beneficiaries.' * The research for this article was enabled by a grant from the National Research Foundation. Previous versions of this article were presented at the 14th World Congress on Public Health held in Kolkata in February 2015 and at the 8th Making Cities Liveable Conference held in Melbourne in July 2015. I am grateful to Law, Democracy & Development's editorial team and anonymous referees for extremely useful feedback on a previous version of this article. I See Gabel P The phenomenology of rights- consciousness and the pact of the withdrawn selves (1984) 62 Texas Law Review 1563 at 1576-77, 1583-84 and 1588-90; Tushnet M An essay on rights (1984) 62 Texas Law Review 1363 at 1364, 1370-75, 1379-80 and 12382-83. For application of these arguments in relation to contemporary South African socio-economic rights discourse, see Pieterse M Eating socioeconomic rights: the usefulness of rights talk in alleviating social hardship revisited (2007) 29 Human Rights Quarterly 796. Page[ 1

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