边缘地带究竟在哪里?南非人权法中的城市边缘性捕捉

Where is the periphery even? Capturing urban marginality in South African human rights law

Urban Studies · 2018
被引 20
ABS 3

中文导读

本文质疑“城市边缘”概念在通过人权诉讼解决城市边缘化和排斥问题中的有效性,以南非豪登省城市区为例,发现法院正采取更细致平衡的方法处理城市边缘性。

Abstract

This article questions the usefulness of the notion of an ‘urban periphery’ for efforts to capture and ameliorate urban marginalisation and exclusion through human rights-based litigation. Focusing on South Africa’s Gauteng City Region, the article argues that the notion of an urban periphery fails to capture the nuances of marginal urban life and the interests of poor, marginalised urban residents in accessing the city. In the specific context of the right of access to housing, the article then grapples with South African judicial engagements with the spatial dimensions of urban marginalisation. It finds that, despite the fixation of human rights litigators, activists and commentators on housing location and the ‘urban periphery’, courts are adopting a more nuanced and balanced approach to urban marginality. It accordingly identifies interests that should be accommodated by such an approach and points to legal concepts which may more constructively respond to these.

人权法城市研究南非城市规划社会学