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Socio-Economic Rights in the South African Constitution

This publication will assist researchers, students and the public in their understanding of socio-economic rights. The book considers whether the rights listed in the Bill of Rights have been given effect to and gives an understanding of the processes followed by the South African Human Rights Commission (SAHRC) in monitoring such rights. | Table of Contents List of Tables List of Abbreviations and Acronyms Acknowledgements Preface Free download from www.hsrcpress.ac.za Chapter 1 Introduction to the Study 1.1 Background 1.2 Aim of Study 1.3 Methodology Chapter 2 What is a Human Right 2.1 The Bill of Rights 2.2 The Universal Declaration of Human Rights 2.3 Natural Law 2.4 Human Rights as Human Needs 2.5 The Law and Human Rights 2.6 Are Human Rights Unconditional 2.7 The Obligations of Human Rights Chapter 3 Socio-Economic Rights 3.1 Background 3.1.1 The Universal Declaration of Human Rights 3.1.2 Classifying Rights International Covenant on Economic Social and Cultural Rights 3.1.3 Ranking Human Rights Generations of Rights 3.1.4 Implementation and Monitoring Implications of the Division of Rights 3.1.5 The Vienna Declaration 3.2 Socio-Economic Rights in South Africa 3.2.1 The International Covenant on Economic Social and Cultural Rights 3 Free download from www.hsrcpress.ac.za 3.2.2 The Constitution 3.2.2.1 Slavery Servitude and Forced Labour 3.2.2.2 Labour Relations 1.1.1.3 The Environment 1.1.1.4 Housing 3.2.2.5 Health Care Food Water and Social Security 3.2.2.6 Education 3.2.2.7 Cultural Religious and Linguistic Communities 3.2.2.8 Terminology 3.2.2.9 The Merits of the Objections to Socio-Economic Rights 3.2.2.9.1 Socio-Economic Rights are not Self-Executing 3.2.2.9.2 Socio-Economic Rights A Question for Politics not Law 3.2.3 Case Law 3.2.3.1 The Justiciability of Socio-Economic Rights 3.2.3.2 Education 3.2.3.3 Housing 3.2.3.4 Health 3.3 Socio-Economic Rights The Stepsister of Civil and Political Rights Chapter 4 Monitoring Socio-Economic Rights Some Methodolog ical Issues 4.1 Background 4.2 Data Collection of the South African Human Rights Commission 4.2.1 The Protocols 4.2.2 Public Perceptions The CASE Survey 4.2.3 Public Perceptions The SANGOCO Poverty Hearings 4.3 Methodological Issues 4.3.1 The Nature of the Study 4 Free download from www.hsrcpress.ac.za 4.3.2 Objectivity 4.3.2.1 Theoretical