Abstract
AbstractThis article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. It does so by first looking at the conceptual context and then highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic (and the measures put in place to contain it) on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic. It concludes that, despite the South African government having undertaken some of the actions recommended, there remains room for improvement and scope for further research, as the pandemic is expected to continue for some time.
Highlights
The disproportionate impact of the novel coronavirus (COVID-19) on poor and vulnerable groups of people worldwide has been widely acknowledged
This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality
It does so by first looking at the conceptual context and highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic
Summary
The disproportionate impact of the novel coronavirus (COVID-19) on poor and vulnerable groups of people worldwide has been widely acknowledged. The purpose of this article is to explore the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. This is done from a legal perspective by focusing on the constitutional and legal framework governing the management of the pandemic and how this relates to the poor. This is a critical provision relating to health generally and COVID-19 in the context of poverty and inequality. The statute prohibits “the denial of access to opportunities, including access to services or contractual opportunities for rendering services”.75 This is crucial, considering the various opportunities that were lost or gained due to COVID-19, the numerous tenders that arose from the need to procure and supply protective personal equipment
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