Socio-economic rights and women in South Africa: nothing but a handful of feathers?

Abstract

The Bill of Rights contained within South Africa’s Constitution features a number of ‘socio- economic rights’. Although these rights are justiciable they are subject to various limitations. They generally entail a positive onus on the part of the state to provide some good – not immediately, but ‘progressively’. Women have a direct interest in the realization of these rights and, where given effect to, they should exert a positive developmental impact. Some authorities are, however, of the opinion that socio-economic rights are not really enforceable. This article contends that the provision of social goods, by the state, should be the concomitant of the disciplined implementation of policy. Delivery should not therefore be contingent upon the legalistic vagaries of the human rights environment.

Keywords: Socio-economic rights; justiciability; Bill of Rights; development; South African Constitution; women

Disciplines: Development Studies;Human Rights; Gender Studies; Political Science