#HumanRightsDay: Many South Africans are still not enjoying basic rights | IOL News

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HumanRightsDay: Millions of predominantly black South Africans are still excluded from the socio-economic benefits of democracy, writes Sandra Liebenberg.

South Africa’s constitution is celebrated globally for its visionary Bill of Rights. It’s among a handful of countries which integrate economic, social and cultural rights alongside traditional civil and political rights as legally enforceable rights.

Yet South Africa has, in many respects, failed to achieve a more socially just society. It’s thus understandable that many – particularly young people – question the political and constitutional settlement negotiated in the 1990s. During the drafting of the constitution the liberation movements were particularly concerned to ensure that the Bill of Rights facilitated the redistribution of land and other resources unjustly accumulated by the white minority during colonial and apartheid rule.

Laws and programmes have been adopted to give effect to constitutional rights and there have been some internationally celebrated Constitutional Court judgments; such as the Grootboom case pertaining to government’s obligation to provide people with housing; and the Treatment Action Campaign, regarding HIV treatment.

In the public sector, a strong, ethical and pro-poor public service is needed to regulate private power effectively and to take the re-distributive measures mandated by the constitution. However, there are strong indications that private wealth is gaining a disproportionate influence on the levers of state power.

 

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