oa ESR Review : Economic and Social Rights in South Africa - Realising the rights of older persons in South Africa : feature

Abstract

The Constitution of South Africa (the Constitution) provides for the justiciability of socio-economic rights. Section 27(1) provides that everyone has a right to have access to health care services, sufficient food and water, and social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. Similarly, section 26(1) provides that everyone has the right to have access to adequate housing. Section 27(2) provides that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. These rights are applicable to everyone without discrimination.