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20 Law Democracy & Dev. 1 (2016)

handle is hein.journals/laacydev20 and id is 1 raw text is: 


marginalisation and

the performance of

the right to have

access to health care

services in



Professor of Law, University of the


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consciousness and the pact of the withdrawn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.

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