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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'Grootboom', the right of access to housing and substantive equality as contextual fairness
Author:De Vos, PierreISNI
Year:2001
Periodical:South African Journal on Human Rights
Volume:17
Issue:2
Pages:258-276
Language:English
Geographic term:South Africa
Subjects:housing
lawsuits
constitutions
1996
equal opportunity
social and economic rights
External link:https://doi.org/10.1080/02587203.2001.11827625
Abstract:This paper explores the relationship between social and economic rights and the right to equality through an analysis of the decision in 'Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC). Lawyers and legal academics who wish to pursue the transformative possibilities of the Bill of Rights may find much to assist them in the 'Grootboom' case. The reminder that equality is also a social and economic issue is an important one. It refocuses attention on the transformative nature of the equality jurisprudence of the Constitutional Court and opens up possibilities for using both s 9(3) and ss 26 and 27 of the 1996 South African Constitution to begin to hold the State accountable for failures to address the needs of the socially and economically most vulnerable sections of society. The article explores how the right of access to housing and the right to equality are interrelated and mutually supportive in pursuit of this goal. Notes, ref., sum.
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