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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Translating socioeconomic rights from abstract paper rights to fully fledged individual rights: lessons from South Africa
Author:Mbazira, ChristopherISNI
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Notes:biblio. refs.
Geographic terms:South Africa
Southern Africa
Subjects:social and economic rights
constitutional courts
Social rights
constitutional law
International Covenant on Economic, Social, and Cultural Rights (1966)
human rights
External link:https://www.ajol.info/index.php/eajphr/article/view/39358
Abstract:The South African Constitutional Court has given effective the economic, social and cultural rights in the South African Constitution by defining the nature of the obligations that they engender. In this respect, both the Constitution and the jurisprudence offer immense lessons to other domestic jurisdictions on the African continent and elsewhere. In spite of this, the approach of the Court still falls behind international jurisprudence in some respects. The most visible shortfall is rejection of the minimum core obligations approach which would obligate the State to provide to everyone a minimum level of goods and services. The Court has instead opted for a reasonableness review approach. However, the failure to give substantive content to the rights has made it impossible to fully interrogate the reasonableness of the means chosen by the State to realize the rights. This article proposes ways through which the minimum core approach could be used without overburdening the State. The provision of a minimum core should be directed towards those who need it. Notes, ref., sum. [Journal abstract]