Socio-economic rights and women in South Africa: nothing but a handful of feathers?
Author(s) -
Mark Ingle
Publication year - 2011
Publication title -
the journal for transdisciplinary research in southern africa
Language(s) - English
Resource type - Journals
eISSN - 2415-2005
pISSN - 1817-4434
DOI - 10.4102/td.v7i1.256
Subject(s) - human rights , constitution , rights of nature , state (computer science) , fundamental rights , political science , right to property , bill of rights , politics , international human rights law , justiciability , nothing , law , law and economics , sociology , philosophy , epistemology , algorithm , computer science
The Bill of Rights contained within South Africa’s Constitution features a number of ‘socio- economic rights’. Although these rights are justiciable they are subject to various limitations. They generally entail a positive onus on the part of the state to provide some good – not immediately, but ‘progressively’. Women have a direct interest in the realization of these rights and, where given effect to, they should exert a positive developmental impact. Some authorities are, however, of the opinion that socio-economic rights are not really enforceable. This article contends that the provision of social goods, by the state, should be the concomitant of the disciplined implementation of policy. Delivery should not therefore be contingent upon the legalistic vagaries of the human rights environment.Keywords: Socio-economic rights; justiciability; Bill of Rights; development; South African Constitution; womenDisciplines: Development Studies;Human Rights; Gender Studies; Political Scienc
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