MétaCan
Menu
← Back to cohort
Record W2263426328 · doi:10.4324/9780203850633-9

What future for the minimum core? Contextualising the implications of South African socioeconomic rights jurisprudence for the international human right to health

2010· article· en· W2263426328 on OpenAlexaff
Lisa Forman

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicHuman Rights and Development
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsRight to healthHuman rightsJurisprudencePolitical scienceFundamental rightsConstitutional courtJusticiabilityInternational human rights lawLawDignityAdjudicationRight to propertySocial rightsLaw and economicsSociologyConstitution

Abstract

fetched live from OpenAlex

The South African Constitutional Court’s emerging jurisprudence on the right to health has provided a ground-breaking and often controversial illustration of this right’s justiciability. The Court’s enforcement of South Africa’s constitutional right to access health care services has served to considerably erode traditional objections to social rights, illustrating that judicial enforcement of these rights is not only feasible in developing countries, but may effectively challenge the irrational and uncaring governance that so often perpetuates and exacerbates gross health inequalities. The Court’s approach nonetheless poses challenging theoretical questions, given its adoption of a standard of reasonableness to adjudicate potential social rights violations, and its consequent rejection of an enforceable minimum core to these rights. The minimum core concept reflects the fundamental human rights idea that certain individual interests, including the basic health needs of the poor, should be prioritized at any cost. The core suggests that social rights, and the interests they reflect, should place reasonable limits on political and economic actions that intrude so far into basic needs as to render human dignity and equal worth meaningless. The Court’s rejection of this idea, and the apparent rupture of the Court’s approach from human rights law, begs to be reconciled with international legal theory and practice, so that the validity of international human rights law as an authoritative and indeed realistic guide for state action and judicial review is not diminished, and so that the innovative work of the South African Constitutional Court is not seen to reinforce indefensible objections to social rights.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.017
metaresearch head score (Gemma)0.024
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.017
Threshold uncertainty score0.092

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0170.024
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0110.039
Scholarly communication0.0170.020
Open science0.0020.009
Research integrity0.0120.018
Insufficient payload (model declined to judge)0.0080.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.024
GPT teacher head0.343
Teacher spread0.318 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2010
Admission routes1
Has abstractyes

Explore more

Same venueSSRN Electronic Journal→Same topicHuman Rights and Development→French-language works237,207→