Study Theme 13: Socio-Economic Rights

Question 1

What are socio-economic rights?

Answer 1

The entitlements to those conditions and resources necessary for the material well-being of all people.

food, water, health care, education and social security

Question 2

Section 7(2) of the Constitution

Answer 2

Requires the state to:
> Respect
> Protect
> Promote
> Fulfill
The Rights in the Bill of Rights

Question 3

Criticisms on socio-economic rights’ existence arise due to:

Answer 3

> Courts limited to deciding on presented matters
Political and legal debate on state obligations’ extent
Challenge in determining minimum and maximum state obligations

Question 4

Mazibuko and Others v City of Johannesburg and Others

Answer 4

• Concerned the socio-economic right of access to water
• The City of Johannesburg planned to introduce a new pre-paid water system to save water in the township of Phiri in Soweto – they had to replace pipes and residents were made to choose between a yard tap or a pre-paid water system and if they chose neither they would be without water.
• Section 27(1) of the Constitution guarantees access to ‘sufficient water’
• The Court held that the government, as a part of its duties in section 7(2), has to devise and implement a

Question 5

Minister of Health and Others v Treatment Action Campaign

Answer 5

• Concerned the socio-economic right of access to health care services
• In this instance the Minister of Health only permitted the prescription and use of nevirapine, a drug proven to
  prevent mother to child transfer of HIV, at designated research clinics and facilities
• The Court held that this policy was inconsistent with the Constitution and ordered that this restriction be removed and must come up with a plan that was more coherent in guaranteeing access to health care.

Question 6

Soobramoney v Minister of Health (Kwa-Zulu Natal)

Answer 6

• Concerns the socio-economic right to healthcare
• Mr Soobramoney had a chronic illness which required that he be on dialysis. However, the state refused to offer him the service as they lacked the resources.
• The court held that since his condition was not an emergency he could not rely on the right to emergency
  healthcare.

Question 7

The realisation of these rights is important for so many reasons as they are interrelated with other rights within the Constitution:

Answer 7

• Dignity – Section 10
• Environment – Section 24
• Life – Section 11
• Equality – Section 9