The wording finally adopted in the South African Constitution is important as it illustrates clearly the balance between the human rights of individuals and the obligations of the state. It draws heavily on the wording of the International Covenant on Economic, Social and Cultural Rights which Rights and Humanity had explained in our briefings and which our President had quoted in her speech to the Constitutional Assembly.

For example, the right to housing is expressed as “the right to have access to adequate housing”, whilst the “state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right”.

Right to housing – Article 26
(1) Everyone has the right to have access to adequate housing.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
(3) No one may be evicted from their home, or have their home demolished without an order of court made after considering all the relevant circumstances.

No legislation may permit arbitrary evictions.

Right to healthcare, food, water and social security – Article 27
(1) everyone has the right to have access to:
(a) healthcare services, including reproductive healthcare
(b) sufficient food and water and
(c) social security including, if they are unable to support themselves and their dependants, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
(3) No one may be refused emergency medical treatment.
Constitution of the Republic of South Africa, adopted 8th May 1996, amended 11th October 1996, in force 7th February 1997.

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