n Tydskrif vir die Suid-Afrikaanse Reg - Access of incarcerated persons to medical treatment as a socio-economic right in South Africa : annotation

Volume 2008, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Two decades ago it was said that economic, social and cultural rights are less justiciable than civil or political rights - that they are too vague and difficult to test in court. This generalization has slowly been eroded. Several aspects of economic, social and cultural rights have been incorporated into many domestic legal systems and have become justiciable. South Africa has gone further than most countries by incorporating many of the economic, social and cultural rights listed in the International Convention on Economic, Social and Cultural Rights (993 UN TS 3 - hereinafter international convention) into its 1996 constitution, along with several that are not explicitly stated in the international convention. All these rights are justiciable in South Africa as has been demonstrated in recent important constitutional cases (below).

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