Socio-Economic Rights

Powerful Essays
INTRODUCTION

Professor Sustein stated in his paper Social and Economic Rights? Lessons from South Africa[1] that South African’s constitution is the world’s leading example of a transformative constitution. He states that ‘If is it opt to describe the South African Constitution in these terms, this is because the document is designed to ensure that future governments do not fall prey to anything like the evils of the apartheid era… the creation of socio-economic rights is best understood in this light.’
The principles laid down by the Constitution Court for the interpretation of socio-economic rights in the landmark decisions of Grootboom[2], Soobramoney[3] and Minister of Health v Treatment Act Campaign[4] were used as basis for assessing progress and obstacles in the implementations of these rights.

In this essay I shall discuss, criticise and evaluate the implementation and enforcement of socio-economic rights taking into consideration relevant cases and writing of academics on socio-economic rights in South Africa. Lastly, I shall look at social-economic rights inequality and the solution.

WHAT IS THE PURPOSE OF SOCIO-ECONOMIC RIGHTS?

Professor Sustein argues that the purpose and aim of socio-economic rights is to prevent the ‘recurrence of apartheid-like evils and overcome the legacy of apartheid[5].’ In other words Sustein’s argument is that socio-economic rights aim is to bring about change, not to maintain the status quo. Roux on the one hand argues that ‘perhaps more plausibly it could be said that the current South African Constitution is designed to prevent recurrence of totalitarian...the inclusion of justiciable socio-economic rights were seen as integral to that enterprise.’
Both Roux and Sustein are correct, the purpose of socio-economic rights is to transform our society into one that is based on human dignity. These have been implemented in our Constitution to help government to transform. The best way to describe the purpose of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    SOCIO Economic

    • 322 Words
    • 2 Pages

    SOCIO-ECONOMIC STUDY The ability of the company to relates its operations and policies to the social environment in ways that are mutually beneficial to the company and to the society in which it operates will greatly influence its chances of continuing as a going concern. That is why our company believes that it will continue to exist as long as it can meet and maintain the expectations of the public regarding social responsibility. In order to attain our company’s vision and mission, our foremost…

    • 322 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Socio Economic Status

    • 1603 Words
    • 7 Pages

    Does having a lower socio economic status influence the choice to participate in university in Australia? What reasons might there be for this? Low socio economic status is part of the under-represented group in Australia, which also consists of ethnic background and indigenous Australians. People who are classified in the low socio economic group generally have poorer education, income and occupational status compared to members of the medium and high socio economic group. This group has a…

    • 1603 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Socio-Economic Study

    • 1877 Words
    • 8 Pages

    SOCIO ECONOMIC STUDY -serves as an aid in determining the socio economic contributions the project/business can offer. -attempt to determine economic impacts on society or GNP. - Based on the fact that the enterprise is an organ of society and that its actions have a decisive impact on the social scene. -Any business, in the present world situation, has the responsibility to make its best contribution to the defensive strength of its country. -the business must consider its impact upon society. It…

    • 1877 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    socio-economic status

    • 8979 Words
    • 36 Pages

    TABLE OF CONTENTS ACKNOWLEDGEMENT DEDICATION ABSTRACT LIST OF TABLES TABLE OF CONTENTS Chapter I THE PROBLEM AND ITS BACKGROUND Introduction Background of the Study Theoretical Framework Conceptual Framework Statement of the Problem Scope and Limitations of the Study Significance of the Study Definitions of Terms Chapter II REVIEW OF RELATED LITERATURE AND STUDIES Foreign Literature Local Literature Foreign Study Local Study Chapter III RESEARCH METHODOLGY…

    • 8979 Words
    • 36 Pages
    Powerful Essays
  • Better Essays

    Socio-Economic Problems

    • 1389 Words
    • 6 Pages

    Chairman is and i quote “the socio-economic problems of Ghana are responsible for indiscipline of the citizens”. Mr. Chairman before i take my stand in this august argument, i would like to explain certain keywords in the motion so that my audience will get a clear idea of what the motion is about. Mr. Chairman, the keywords in the motion are socio-economic problems, responsible, indiscipline and citizens. According to Wikipedia-the free Encyclopaedia, a socio-economic problem refers to the area that…

    • 1389 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Socio Economic Inequality

    • 2116 Words
    • 7 Pages

    SOCIO-ECONOMIC INEQUALITY A FINAL PAPER IN WORLD GEOGRAPHY John Pascual Magnawa Renee Sangalang Rafael Orayani Joshua De Leon LF105 AB- CDA 2nd Trimester AY 2014- 2015 Ms. Catherine Dee Samaniego I. Introduction Socio-economic inequality refers to how the social factors affect and is influenced by the economic activities. This inequality limits the opportunities to be given to individuals and social groups, creating an unequal distribution of income that creates a gap between the wealthy…

    • 2116 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    SOCIO ECONOMIC ISSUES

    • 452 Words
    • 3 Pages

    SOCIO-ECONOMIC ISSUES!!! BY: AMMARAH SULIMAN GRADE 10 WHAT DOES SOCIO- ECONOMICS MEAN? Socioeconomics is an area that governs the understandings and the activities of individuals that shape them as economically active WHAT IS SOCIO-ECONOMIC ISSUES? socio-economic issues are the problems that socioeconomics tackles and the factors that have negative influence on the individuals' economic activity. Such issues are lack of education, cultural and religious discrimination, overpopulation, unemployment…

    • 452 Words
    • 3 Pages
    Satisfactory Essays
  • Best Essays

    Socio-economic problems

    • 2442 Words
    • 9 Pages

    A PRESENTATION ON SOCIO-ECONOMIC PROBLEMS AND EDUCATIONAL MANAGEMENT DONE BY: SIZE M (M149944) MUSHURE W (M149945) KUWODZA A (M149946) Bed Hons [educational Leadership and Management] SOCIO-ECONOMIC PROBLEMS AND EDUCATIONAL MANAGEMENT 1.0 OBJECTIVES After reading this presentation, one should be able to 1.1 identify social problems affecting society 1.2 explain how socio economic problems affect educational management 1.3 discus how an educational manager can help society…

    • 2442 Words
    • 9 Pages
    Best Essays
  • Powerful Essays

    Socio Economic Issue

    • 5180 Words
    • 21 Pages

    3. SOCIO-ECONOMIC ISSUES (SELECTED TOPIC) (8 hours) POVERTY 3.1 Overview socio-economic policies – briefly discuss poverty, inequality of income distribution, unemployment and pollution. ➢ Poverty and income distribution are two socio-economic problem faced by Malaysia. ➢ We have other socio-economic problem such as unemployment and distribution. ➢ Poverty still exist in urban, rural, any state, and among ethnic. It is related to underdeveloped area, lack of infrastructure…

    • 5180 Words
    • 21 Pages
    Powerful Essays
  • Satisfactory Essays

    Socio Economic Study

    • 253 Words
    • 2 Pages

    CHAPTER VI SOCIO – ECONOMIC STUDY Socio – Economic Benefits As part of the agricultural sector, the banana industry also ensures that it contributes to the protection of the environment through the observance of globally accepted practices and abiding by Philippines laws. Furthermore, the industry also makes positive impact on the cultural political aspects through: Minimized contact with the influence insurgency; Improved peace and order situation; Effective local governance; Integration…

    • 253 Words
    • 2 Pages
    Satisfactory Essays