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Periodical article | Leiden University catalogue | WorldCat |
Title: | 'Grootboom', the right of access to housing and substantive equality as contextual fairness |
Author: | De Vos, Pierre |
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. |