Towards a new consumer rights paradigm: Elevating consumer rights to human rights in South Africa

Abstract

Despite the increasing number of countries that have enshrined consumer rights as fundamental human rights in their constitutions, opinions remain divided on the legitimacy of recognising consumer rights as human rights. The view against accepting consumer rights as human rights is similar to that which questions the appropriateness of the economic, social and cultural rights contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR) as human rights. Yet, we have witnessed a surge in ratification of the ICESCR – precisely because of increasing recognition that socio-economic vulnerability is a scourge that must be excised in order to ensure human wellbeing. The same concern impels imbuing consumer rights with the status and imprimatur of human rights. In light of the complexities of products and services brought about by advancement in technology, globalisation, increasing roles of multinational corporations in trade and, particularly, information deficit on the part of the consumer, there is indeed a need to integrate basic consumer rights into human rights, nationally and internationally. My central argument in this article is that although the Bill of Rights in the Constitution of the Republic of South Africa, 1996 does not explicitly mention consumer rights, some of the Fundamental Consumer Rights contained in the Consumer Protection Act 2008 could be viewed as an extension of the Bill of Rights in the marketplace and should be so recognised.