The Interdependence of Labour and Environmental Rights in South Africa

Labour and environmental rights in South Africa both originated in reaction to particular and important societal problems. Labour law has traditionally been concerned with inequalities of bargaining powers, whilst environmental law was historically concerned with protection of the biophysical enviro...

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Main Authors: J. Hall, M. van Staden
Format: Article
Language:English
Published: Publshing House V.Ема 2021-07-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/497
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author J. Hall
M. van Staden
author_facet J. Hall
M. van Staden
author_sort J. Hall
collection DOAJ
description Labour and environmental rights in South Africa both originated in reaction to particular and important societal problems. Labour law has traditionally been concerned with inequalities of bargaining powers, whilst environmental law was historically concerned with protection of the biophysical environment. At first glance the two rights therefore appear to be unrelated. In view of arguments that fundamental human rights cannot be achieved in isolation. This article explores the potential relationship between the two rights. It begins by providing an overview of the intersection between labour and environmentalists during the struggle against Apartheid as a basis for identifying the priorities of both sectors in advocating for the two rights and how the divide between the two narrowed. That overview provides a backdrop for the discussion which follows regarding how the intersection between the rights has played out both within the traditional and expanded conceptualisations of labour law. The study finds that the two rights do have a dependence and that the environmental arena has provided the basis for the continuation of the fight to ensure social justice for both the traditional and extended reconceptualized approach to labour law.
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spelling doaj-art-e5ac84ab9a2d44b191871e89b625225a2025-08-20T04:00:28ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432021-07-018212015110.21684/2412-2343-2021-8-2-120-151194The Interdependence of Labour and Environmental Rights in South AfricaJ. Hall0M. van Staden1University of JohannesburgUniversity of JohannesburgLabour and environmental rights in South Africa both originated in reaction to particular and important societal problems. Labour law has traditionally been concerned with inequalities of bargaining powers, whilst environmental law was historically concerned with protection of the biophysical environment. At first glance the two rights therefore appear to be unrelated. In view of arguments that fundamental human rights cannot be achieved in isolation. This article explores the potential relationship between the two rights. It begins by providing an overview of the intersection between labour and environmentalists during the struggle against Apartheid as a basis for identifying the priorities of both sectors in advocating for the two rights and how the divide between the two narrowed. That overview provides a backdrop for the discussion which follows regarding how the intersection between the rights has played out both within the traditional and expanded conceptualisations of labour law. The study finds that the two rights do have a dependence and that the environmental arena has provided the basis for the continuation of the fight to ensure social justice for both the traditional and extended reconceptualized approach to labour law.https://www.bricslawjournal.com/jour/article/view/497labour lawenvironmental lawinterrelationshiplabour rightsenvironmental rightspurpose of labour law
spellingShingle J. Hall
M. van Staden
The Interdependence of Labour and Environmental Rights in South Africa
BRICS Law Journal
labour law
environmental law
interrelationship
labour rights
environmental rights
purpose of labour law
title The Interdependence of Labour and Environmental Rights in South Africa
title_full The Interdependence of Labour and Environmental Rights in South Africa
title_fullStr The Interdependence of Labour and Environmental Rights in South Africa
title_full_unstemmed The Interdependence of Labour and Environmental Rights in South Africa
title_short The Interdependence of Labour and Environmental Rights in South Africa
title_sort interdependence of labour and environmental rights in south africa
topic labour law
environmental law
interrelationship
labour rights
environmental rights
purpose of labour law
url https://www.bricslawjournal.com/jour/article/view/497
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