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| Title: | The interrelationship between equality and socio-economic rights under South Africa's transformative constitution |
| Authors: | Liebenberg, Sandra Goldblatt, Beth |
| Year: | 2007 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 23 |
| Issue: | 2 |
| Pages: | 335-361 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | inequality social and economic rights Bill of Rights jurisprudence |
| External link: | https://doi.org/10.1080/19962126.2007.11864918 |
| Abstract: | The authors develop the interrelationship between the equality and socioeconomic rights in the Bill of Rights to enhance the responsiveness of the jurisprudence to the mutually reinforcing patterns of poverty and inequality in South Africa. They proceed from the principle that rights are interdependent and interconnected, and examine the implications of this for South Africa's socioeconomic rights and equality jurisprudence. They argue that such a reading accords with the mandate of the courts to promote the foundational constitutional values of human dignity, equality and freedom in their interpretation of the Bill of Rights, and advances the transformative goals of the Constitution. The authors examine how equality jurisprudence should be developed so as to be more responsive to material disadvantage and the values protected by socioeconomic rights. Thereafter, they examine how an equality perspective can enrich South Africa's evolving jurisprudence on socioeconomic rights. They demonstrate how the value of equality can be integrated within the model of reasonableness review developed by the Constitutional Court for evaluating positive socioeconomic rights claims. Finally, some of the strategic implications of this interdependent reading of equality and socioeconomic rights for developing a jurisprudence that facilitates the attainment of social and economic transformation in South Africa are considered. Notes, ref., sum. [Journal abstract] |
