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An Overview of the Constitutional Framework of the Right to Social Security with Special Reference to South Africa

An Overview of the Constitutional Framework of the Right to Social Security with Special... I. INTRODUCTION Serious efforts to legally recognise and protect human rights in Africa came only with the constitutional reforms that started in the 1990s. Many of the resulting new or revised constitutions now contain provisions aimed at promoting democratic governance, constitutionalism, and respect for the rule of law and human rights. Although many recent studies and surveys show that there have been significant improvements in the quantum of human rights protection in Africa in the last two decades, not much of this research has looked at the specific issue of the right to social security. The aim of this paper is therefore to provide an overview of the position of the right to social security in African constitutions with special reference to the South African constitution and to see what impact this may have in promoting human rights protection. Although this is not generally acknowledged, the right to social security is a human right that is of as much social, economic and political importance as any of the other types of human rights. The paper will start by briefly looking at the conceptual and contextual framework of the right to social security in Africa. This section will examine http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

An Overview of the Constitutional Framework of the Right to Social Security with Special Reference to South Africa

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0050
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION Serious efforts to legally recognise and protect human rights in Africa came only with the constitutional reforms that started in the 1990s. Many of the resulting new or revised constitutions now contain provisions aimed at promoting democratic governance, constitutionalism, and respect for the rule of law and human rights. Although many recent studies and surveys show that there have been significant improvements in the quantum of human rights protection in Africa in the last two decades, not much of this research has looked at the specific issue of the right to social security. The aim of this paper is therefore to provide an overview of the position of the right to social security in African constitutions with special reference to the South African constitution and to see what impact this may have in promoting human rights protection. Although this is not generally acknowledged, the right to social security is a human right that is of as much social, economic and political importance as any of the other types of human rights. The paper will start by briefly looking at the conceptual and contextual framework of the right to social security in Africa. This section will examine

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2013

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