Interpreting socio-economic rights - transforming South African society

Abstract

Honourable Justices, Ladies and Gentlemen, before I embark on my paper I would like to quote the following words of Archbishop Desmond Tutu¹ who describes human rights as "God-given, there simply and solely because we are human beings".  He further notes that: 

they were universal – everyone, just everyone whoever they might be, whether rich or poor, learned or ignorant, beautiful or ugly, black or white, man or woman, by the fact of being a human being had these rights. …. As a Christian I would add that each person was of infinite value because everyone had been created in the image of God.  Each one was a God carrier and to treat any such person as if they were less than this was blasphemous, a spitting in the face of God.² 

Human Rights and the continuous transformation thereof in a Bill of fundamental enforceable rights have changed the face of South African society forever.  These rights guarantee each citizen equality, freedom and human dignity irrespective of race, colour, sex and the fact that they may be rich or poor.  The Constitution contains a Bill of Rights that addresses both civil and political rights as well as socio-economic rights.  Socio-economic rights in laymen's terms are rights placing an obligation on the state to act positively in favor of its citizens. These rights are also known as second generation -, welfare – or (and) red rights. They are specifically aimed at realizing the rights to access to housing, health-care, sufficient food and water, and social security of those in need.