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

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  • Marius Pieterse

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.

Suggested Citation

  • Marius Pieterse, 2019. "Where is the periphery even? Capturing urban marginality in South African human rights law," Urban Studies, Urban Studies Journal Limited, vol. 56(6), pages 1182-1197, May.
    • Handle: RePEc:sae:urbstu:v:56:y:2019:i:6:p:1182-1197
    DOI: 10.1177/0042098018755067
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    References listed on IDEAS

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    1. Catherine Cross & Tobias Mngadi & Themba Mbhele, 1998. "Constructing migration: Infrastructure, poverty and development in KwaZulu-Natal," Development Southern Africa, Taylor & Francis Journals, vol. 15(4), pages 635-659.
    2. John Foot, 2000. "The urban periphery, myth and reality: Milan, 1950-1990," City, Taylor & Francis Journals, vol. 4(1), pages 7-26, April.
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    Cited by:

    1. Paula Meth & Tom Goodfellow & Alison Todes & Sarah Charlton, 2021. "Conceptualizing African Urban Peripheries," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 45(6), pages 985-1007, November.
    2. Marius Pieterse & Thomas Coggin, 2023. "PROPERTY’S SHADOW: Governing Land and Plurality in Durban, South Africa," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 47(6), pages 1013-1029, November.

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