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Poverty and Fundamental Rights - The Justification and Enforcement of Socio-Economic Rights (Hardcover)
Loot Price: R3,177
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Poverty and Fundamental Rights - The Justification and Enforcement of Socio-Economic Rights (Hardcover)
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This book addresses the pressing issue of severe poverty and
inequality, and questions why violations of socio-economic rights
are treated with less urgency than violations of civil and
political rights, such as the right to freedom of speech or to
vote?
Socio-economic rights have been widely regarded as aspirational
goals, rhetorically useful, but having few practical implications
for government policy and the distribution of resources within a
polity. It is not therefore surprising that socio-economic rights
have been systematically neglected in the world today, with
millions still lacking access to even basic shelter, food or
health-care. This book seeks to provide a sustained argument for
placing renewed emphasis upon socio-economic rights in the fight
against desperate poverty. It utilizes a combination of political
philosophy, constitutional law, and public policy in its focus on
the right to food, to housing, and to health-care.
Part I involves the development of a philosophical theory of
rights that provides a common normative foundation for both civil
and political rights and socio-economic rights. This theory
involves developing an understanding of value that recognizes
individuals have fundamental interests of differing levels of
urgency. It also involves drawing an important distinction between
conditional rights that flow purely from a normative focus on the
equal importance of individuals and unconditional rights that
involve competing normative and pragmatic considerations. A general
theory of judicial review is also put forward that provides a
justification for judicial involvement in the enforcement of
socio-economic rights.
Part II then considers theimplications of this general
philosophical theory for the interpretation and enforcement of
socio-economic rights in law. The focus of this more applied
discussion is upon South Africa, where entrenched, directly
justiciable socio-economic rights are expressly protected in the
Constitution. The 'reasonableness' interpretive approach adopted by
South Africa's Constitutional Court is critiqued and a modified
version of the 'minimum core' approach proposed as the leading
alternative. The latter approach requires priority to be given to
the worst off in society through placing a heavy burden of
justification on any society that fails to meet the minimal
interests of individuals. It also requires concrete steps to be
taken towards realizing a higher level of provision that guarantees
individuals the necessary conditions for realizing a wide range of
purposes. This approach is also shown to have important policy
implications both for developing and developed countries and can,
it is hoped, assist in creating an urgency and commitment towards
eradicating extreme poverty.
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