Impact
The Special Session of the Constitutional Assembly at which our President spoke proved to be a critical turning point in the debates in South Africa. We have been informed by Professor Turok, MP, that Ms Häusermann’s speech turned the tide of opinion in favour of incorporating economic and social rights in the Constitution.The successful incorporation of economic and social rights in the Bill of Rights in the South African Constitution means that people in South Africa are now able to take cases before the Constitutional Court to defend their rights, for example if they are denied emergency health care or have their water arbitrarily disconnected.
In line with international law, the Constitution requires the state to take “reasonable legislative and other measures, within its available resources, to achieve the progressive realisation” of each of these rights.
The Government sets its own goals and targets for ensuring the progressive realisation of these rights. The South African Human Rights Commission, established by the Constitution as an independent organ, has the duty to monitor the Government’s compliance with its Constitutional obligations. It does this through receiving reports both from the Government and from civil society organisations.
In addition, the interpretation of the phrase “reasonable legislative and other measures, within its available resources, to achieve the progressive realisation” is carried out through challenges before the Constitutional Court. Since the adoption of the Constitution in 1996, there has been a steady stream of litigation, strengthening enjoyment of these rights throughout the country and further refining the obligations of the state.
Global Impact
The Constitution is now acknowledged globally as an example of establishing human rights at the centre of government practice. It is providing a model for the drafting of other constitutions, leading to the wider constitutional protection of economic, social and cultural rights.
The integration of economic and social rights into the South African Constitution brought considerable international attention to this vital branch of rights. This in turned helped Rights and Humanity to advocate for the global adoption of the Human Rights Approach to Development that we had long been advocating.