Abstract

Honourable Justices, Ladies and Gentlemen, before I embark on my paper I would like to quote the following words of Archbishop Desmond Tutu1 who describes human rights as "God-given, there simply and solely because we are human beings". He further notes that: 
 they were universal – everyone, just everyone whoever they might be, whether rich or poor, learned or ignorant, beautiful or ugly, black or white, man or woman, by the fact of being a human being had these rights. …. As a Christian I would add that each person was of infinite value because everyone had been created in the image of God. Each one was a God carrier and to treat any such person as if they were less than this was blasphemous, a spitting in the face of God.2 
 Human Rights and the continuous transformation thereof in a Bill of fundamental enforceable rights have changed the face of South African society forever. These rights guarantee each citizen equality, freedom and human dignity irrespective of race, colour, sex and the fact that they may be rich or poor. The Constitution contains a Bill of Rights that addresses both civil and political rights as well as socio-economic rights. Socio-economic rights in laymen's terms are rights placing an obligation on the state to act positively in favor of its citizens. These rights are also known as second generation -, welfare – or (and) red rights. They are specifically aimed at realizing the rights to access to housing, health-care, sufficient food and water, and social security of those in need. 
 

Highlights

  • INTRODUCTIONHonourable Justices, Ladies and Gentlemen, before I embark on my paper I would like to quote the following words of Archbishop Desmond Tutu who describes human rights as "God-given, there and solely because we are human beings"

  • Human Rights and the continuous transformation thereof in a Bill of fundamental enforceable rights have changed the face of South African society forever

  • Mr Soobramoney applied to the Durban High Court claiming that he had a right to receive renal dialysis treatment from the hospital in terms of section 27(3), which provides that no-one may be refused emergency medical treatment and section 11, the right to life of the 1996 Constitution

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Summary

INTRODUCTION

Honourable Justices, Ladies and Gentlemen, before I embark on my paper I would like to quote the following words of Archbishop Desmond Tutu who describes human rights as "God-given, there and solely because we are human beings" He further notes that: Human Rights and the continuous transformation thereof in a Bill of fundamental enforceable rights have changed the face of South African society forever. Socio-economic rights in laymen's terms are rights placing an obligation on the state to act positively in favor of its citizens These rights are known as second generation -, welfare – or (and) red rights. My paper today is only aimed at the first step of this two-folded process namely, analysing the influence of political, socio-economic and cultural considerations on the Constitutional Court's interpretation and application of the Bill of Rights. The importance of the constitutional values and fundamental rights of human dignity and equality in the interpretation of socio-economic rights

BACKGROUND
Case number
Grootboom –case
TAC –case
CONCLUSION
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