scholarly journals Interpreting socio-economic rights - transforming South African society

Author(s):  
Linda Jansen Van Rensburg

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.  

2016 ◽  
Vol 6 (2) ◽  
pp. 23-25
Author(s):  
Ruth Illman

A response to Melissa Raphael’s article ‘The creation of beauty by its destruction: the idoloclastic aesthetic in modern and contemporary Jewish art’. Key themes discussed include the notion of human beings as created in the image of God, Levinas’s understanding of the face and its ethical demand as well as the contemporary issue of the commodification of the human face in digital media.


2014 ◽  
Vol 22 (1) ◽  
pp. 34-50
Author(s):  
Hilary Marlow

Drawing on insights from the field of ‘ecocriticism’ within literary studies, this article examines the creation poem of Ben Sira (16.26-17.14) from an ecological perspective. The text is significant for such a purpose because of its reuse of the Genesis creation accounts, in particular the notion of human beings as the image of God and with dominion over creation, which has caused some critics to label the biblical accounts as exploitatively anthropocentric. Preceding sections of Sirach include discussion of human significance ‘in a boundless creation’ and human free will and moral responsibility, and these themes are developed in the poem itself. The poem’s description of the creation of humankind suggests both human finitude, a characteristic shared with other life forms, and the uniqueness of the divine image in human beings. These characteristics are set within the context of the cosmos as a stable and ordered whole, obedient to God, and of the responsibilities stipulated in the Torah to deal rightly with one’s neighbour. Reading this text from an ecological perspective invites recognition of the ambiguity of human place in the world, transient yet earth-changing, and of the ethical challenges in caring for global neighbours in the face of growing environmental pressures.



2019 ◽  
pp. 103-122
Author(s):  
Rhonda Powell

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.


2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Elijah M. Baloyi

The exploitation and killings of women in South Africa are a concern not only for the government, but also for pastoral caregivers as well. Although the government has introduced institutions like the Commission for Gender Equality with responsibilities to ensure that there is equality between genders, it seems that the supposed patriarchal masculine superiority continues to demonstrate its dominance through the abuse, as well as the killings of women. Assigning women to the status of secondary citizens who are tortured and exposed to gender-based violence is not only unconstitutional, but also biblically wrong, as we can see from the biblical message of the creation of human beings. The goal of this article is to use the premise of �the image of God� to argue that women also are created in the image of God and hence they are worthy to be treated as such, from sexual harassment, sexual abuse and violence to murder. This is my personal observation as women of this country are being killed by their husbands and boyfriends. This article will use case studies to argue that women (just like men) deserve, as images of God, to live freely without fear of being killed by their husbands and boyfriends for whatever wrongdoing.


2015 ◽  
Vol 12 (3) ◽  
pp. 62-64
Author(s):  
Bernard Janse van Rensburg

Although psychiatrists did not form part of the structures of the South African Truth and Reconciliation Commission (TRC), the Society of Psychiatrists of South Africa (SPSA) at the time did make a submission. Since then, the local association of psychiatrists has been reconstituted as the South African Society of Psychiatrists (SASOP). Psychiatry and psychiatrists may have to extend their activities beyond rehabilitation and restoration, to include endeavours to prevent future violations of human rights.


1997 ◽  
Vol 31 (1/2) ◽  
Author(s):  
J. H. Van Wyk

It is an indisputable fact that peace is one of the most sought situations in the world and yet one of the most unattainable. Why? There are many reasons for this unsatisfactory situation. One reason for the situation of war, strife and instability is because human beings do not actively participate in peacemaking activities. In this regard the author investigates the Biblical meaning of the concept of peace and its implications for societal life, especially for South African society. A strong plea is made for the development of a science of peace (irenology).


2008 ◽  
Vol 2 (2) ◽  
pp. 130-146 ◽  
Author(s):  
John C. Mubangizi

AbstractA significant gain of the new political and constitutional dispensation ushered in South Africa in 1994 was a commitment to the protection of human rights. However, protecting human rights in a country where the gap between the rich and the poor is among the largest in the world was always going to be a daunting challenge. The challenge is even more daunting with the protection of socio-economic rights such as the right of access to adequate housing. This article explores the challenges that South Africa faces in protecting human rights in the face of persistent poverty of over half of the country's population, vast economic disparities and gross inequality. Focusing on the right of access to adequate housing, the author explores some prospects arising from the roles played by the constitution; domestic courts; other state institutions as well as non-state actors. The article concludes that although the challenges are real, the prospects are promising. However, a lot must be done if the democratic miracle that has characterized South African society over the last fifteen years is to be maintained.


2014 ◽  
Vol 70 (2) ◽  
Author(s):  
Amanda L. Du Plessis

A fundamental principle of the Christian faith is that man is saved by the grace and by faith in the Triune God, not by deeds. Yet, James emphasises the importance of works after the Christian has been saved. Jesus said during his ministry on earth that he did not come to be served, but to serve. Faith is therefore seen in deeds, specifically deeds of love, that is, deeds that indicate that the Christian is not leading an egocentric life anymore, but a life characterised by considering his or her fellow human beings and reaching out to them. Eighteen years after apartheid, South Africa is still a country striving to build a nation and to be healed. Marches and protests against poor public service deliveries have become a well-known sight in society. Despite the larger picture of inadequate service, there are those who serve their fellow humans and society every day. The Mamas Africa utilising the minimum resources available, are examples of people who make a difference in society every day. The concept Mama Africa indicates all women from all races who are making a difference in the South African society by promoting mutual bonding. The motivation for their deeds is a deep faith in God, who is the source of hope and a conviction that a Christian has to serve others.


Author(s):  
Charles Ngwena

It is trite to say that the adjudication of socio-economic rights is a new enterprise in South African jurisprudence, as it is to the jurisprudence of many other jurisdictions. Professor van Rensburg’s paper seeks to analyse the influence of political, socio-economic and cultural considerations on the interpretation and application of socio-economic rights in the Bill of Rights. The pivots for discussion are the decisions of the Constitutional Court in the Soobramoney,1 Grootboom2 and Treatment Action Campaign3 cases which, thus far, are the only cases in which the Constitutional Court has substantively determined the nature and parameters of socio-economic rights and obligations under the South African Constitution. My response is somewhat deferential in that I largely concur with many of the observations that Professor van Rensburg makes. In some respects, however, I have attempted to bring into the analysis of Soobramoney, Grootboom and Treatment Action Campaign not so much new insights, but rather different emphases. Likewise, my response is constructed around the three cases. I begin with Soobramoney.


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