Direct Constitutional Protection of Economic, Social and Cultural Rights in South Africa

Abstract Background and Objectives Over the last 2 decades, several international indices have been developed to describe the status of older persons. None, however, have examined their human rights. The International Older Persons’ Human Rights Index (IOPHRI) fills in this gap by analyzing the formal legislative foundation of human rights for older people. The objective of this exploratory study is to examine the IOPHRI while comparing the legislation in 6 countries. Research Design and Methods A comparative international exploratory study comparing the human rights legislation of 6 countries: United States, Chile, Ireland, South Africa, India, and Australia in 5 different human rights domains: constitutional, protection, familial and informal support, planning, and empowerment. Results The findings suggest that the actual relationship between formal human rights of older persons and the real world is complex: for example, while the IOPHRI index places South Africa in first place, it is far behind compared with all other participants in the Global AgeWatch Index (which measures objective elements such as life expectancy at 60, or poverty rates in old age). Discussion and Implications Measuring and indexing human rights of older persons reveal significant methodological issues. Beyond these methodological challenges, comparing the ranking of the IOPHRI to nonlegalistic indices raises significant questions about the relationship between formal human rights and the actual living experiences of older persons.

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Implementing the Socio-economic and Cultural Rights in Nigeria and South Africa: Justiciability of Economic Rights

African Journal of International and Comparative Law ◽

10.3366/ajicl.2019.0291 ◽

2019 ◽

Vol 27 (4) ◽

pp. 564-587

Author(s):

Olaniyi Felix Olayinka

Keyword(s):

South Africa ◽

State Policy ◽

Political Rights ◽

Economic Rights ◽

Cultural Rights

Constitutionalising socio- economic and cultural rights (SERs) and the directive principles of state policy is an indication that a state is disposed to protect and enforce such rights. The classification of rights into political and economic goes a long way in determining the extent of rights enforcement in a nation. In Nigeria political rights are enforceable while economic rights remain unenforceable, but stand a better chance of enforcing political and economic rights under rights unification as in South Africa. Nonetheless, a state's obligation to protect SERs ultimately rests on the resources available to such a state.

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A FULL LOAF IS BETTER THAN HALF: THE CONSTITUTIONAL PROTECTION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN MALAWI

Journal of African Law ◽

10.1017/s0021855305000148 ◽

2005 ◽

Vol 49 (2) ◽

pp. 207-241 ◽

Cited By ~ 3

Author(s):

Danwood Mzikenge Chirwa

Keyword(s):

Poor Country ◽

National Policy ◽

Transition To Democracy ◽

New Wave ◽

Bill Of Rights ◽

Constitutional Protection ◽

Cultural Rights ◽

Full Effect ◽

Public Consultations ◽

Better Than

CHIRWA, DANWOOD MZIKENGE, A full loaf is better than half: the constitutional protection of economic, social and cultural rights in Malawi, Journal of African Law, 49, 2 (2005): 207–241The last two decades have seen a new wave of constitution-making in Africa as many countries changed from autocracy to democracy. Malawi followed the trend by adopting a new Constitution in 1994 to mark the end of a 30-year, dictatorial one-party regime. This Constitution breaks with traditional constitutions by recognizing economic, social and cultural rights. However, few of these rights are entrenched in the Bill of Rights as justiciable rights. The rest are enshrined as unenforceable principles of national policy. These provisions and the jurisprudence they have generated thus far are discussed critically. It is argued that while the Malawian Constitution deserves acclaim for recognizing these rights, the model adopted for protecting them fails to give full effect to the notion of the indivisibility of all rights and is not good enough for a poor country, which is also in transition to democracy. Not only was Malawi's choice of this model not preceded by a careful and reasoned examination of the existing models and the local circumstances, it was also made without wide public consultations. The ways, based on the existing constitutional provisions, in which the protection of these rights can be improved are explored.

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Building a South African Human Rights Culture in the Face of Cultural Diversity: Context and Conflict

African Journal of Legal Studies ◽

10.1163/170873812x626441 ◽

2012 ◽

Vol 5 (1) ◽

pp. 1-20 ◽

Cited By ~ 2

Author(s):

John Cantius Mubangizi

Keyword(s):

South Africa ◽

Human Rights ◽

Cultural Diversity ◽

Female Circumcision ◽

Clear Understanding ◽

Potential Conflict ◽

Cultural Rights ◽

The Face ◽

Institutional Contexts ◽

Virginity Testing

Abstract South Africa has faced enormous challenges since the advent of democracy in 1994. One of the difficulties in the post-apartheid era has been the building of a human rights culture in the context of substantial cultural diversity. In this paper, the constitutional, judicial and institutional contexts – which have consolidated and supported the expression of human rights in the face of cultural diversity – are reviewed. The focus on cultural rights in the constitution is discussed, and the relevance of several constitutional institutions in terms of ensuring human rights, is mentioned. With a clear understanding of the constitutional, judicial and institutional contexts in place, the paper discusses the potentially inherent conflict between human rights and cultural rights, using gender-related issues as a proxy. Several examples of this potential conflict are discussed, including female circumcision, virginity testing and polygamy. The importance of human rights education for informing the debate about cultural and human rights in South Africa is emphasized. The answers to the challenges associated with the clash between cultural rights and human rights are not simple, although pragmatically – in addition to the role of the available constitutional, judicial and institutional structures – they could reside in a cross-cultural debate.

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