Human rights…Maybe you’re born with it?

The Constitution of the Republic of South Africa (“Constitution”) gives everyone basic rights of access to their basic needs. These rights are called human rights, and places an obligation on the Government to look after everyone’s social and economic needs, for example, access to housing, food, water, health care, social security and so on. These rights may not be violated by anyone.

What are considered to be a person’s basic rights?

  • The Constitution gives everyone certain rights and duties.
  • The Bill of Rights is a chapter in the Constitution that lists the basic rights a person is born with and these rights are called human rights. Some of these rights ensure a person’s social and economic wellbeing. This is done by providing a person with access to his/her basic needs, such as:
    • suitable housing;
    • health care;
    • enough food and water; and
    • social security.
  • According to the Constitution, the Government has a duty to respect, protect, promote and fulfil these human rights. They must do so by taking reasonable steps within their available resources. The Government’s available resources include, money, skills, technology and so on. Businesses and the public also have a duty to respect these rights.
  • A person can approach the court, South African Human Rights Commission, Public Protector and so on, if his/her human rights have been violated.

What is the difference between a person’s right to something and a person’s right of access to something?

  • A person’s right of access to something does not mean the same thing as a person’s right to something. For example, a person’s right of access to suitable housing does NOT mean that the Government must just give a person a home. It means that the Government must make it possible for a person to get access to something to fulfil his/her basic needs. No person may be discriminated against when trying to fulfil his/her basic needs. 

What does the right of access to suitable housing mean?

  • It means that the Government has a duty to prevent homelessness. The Government must take reasonable steps to make it possible for a person to find suitable housing (like a home or shelter) or to provide suitable housing when a person is not able to find such housing.
  • Suitable housing includes:
    • A person not being evicted from his/her home or shelter, without a court order.
    • A person not having his/her home or shelter destroyed, without a court order.
    • Reasonable housing costs.
    • Security, nutrition, health and comfort.
    • Space and protection from cold, heat, rain, and damp.
    • Being situated near work opportunities, health care, schools and other facilities.
  • An example of the right of access to suitable housing is the Government constructing temporary housing for people that lost their homes in a fire. 

What does the right of access to enough food and water mean?

  • It means that the Government has duty to prevent a person from being hungry, unhealthy, thirsty or without basic hygiene. The Government must take reasonable steps to make it possible for a person to find enough food or water needed for him/herself, or to provide food or water when a person is not able to find such food or water.
  • Enough food or water includes:
    •    Food containing the required amount of nutrition, for example, calories, fats, proteins and so on. 
    •    Fresh food and/or water, free from harmful substances, such as toxins or bacteria.
    •    Food and/or water of an acceptable quality in an acceptable quantity (volume) for domestic needs.
  • An example of the right of access to enough food is the Government subsidising the cost of food; limiting the cost of food to a reasonable price; educating a person on how to produce his/her own food; and giving information on food nutrition and storage.
  • An example of the right of access to enough water is the Government supplying enough safe water close to a person’s home at reasonable times; limiting the cost of water services to a reasonable price; educating a person on water usage and hygiene; and giving information on sanitation and water conservation.

What does the right of access to health care mean?

  • It means that the Government has a duty to prevent or limit health problems. The Government must take reasonable steps to make it possible for a person to obtain health care, or provide health care when a person is not able to obtain such health care.
  • Health care includes: 
    •    medical services, for example, ambulance services, health and mental health care; 
    •    medical treatment and goods, for example, equipment, general procedures and drugs; and
    •    medical facilities, for example, hospitals, clinics and trained health care professionals.
  • A person may not be refused medical treatment in an emergency. This means that if the necessary medical treatment is available, and can be provided to a person, such a person may not be turned away. An emergency is when a person suffers from a sudden accident and needs immediate medical attention; in other words, a person did not plan for the medical treatment needed before the accident happened to him/her.
  • A private hospital may not refuse medical treatment to a person in an emergency; however, a person will have to pay for the medical treatment if s/he does not have medical aid.
  • An example of the right of access to health care is the Government providing affordable health care to the community; appropriate medical treatment for common injuries and/or diseases; education on health problems; and information on preventing and controlling health problems.

What does the right of access to social security mean?

  • It means that the Government has a duty to improve the lives of people living in poverty. The Government must take reasonable steps to make it possible for a person to have social security, or to provide social assistance when that person is unable to support him/herself and his/her dependants.
  • Social security includes having access to:
    • Social insurance: the contributions made by a person towards future support or temporary support, as a result of reasons beyond his/her control, for example, retirement, unemployment or occupational injury and disease.
    • Social assistance: contributions made by the Government to a person who cannot support him/herself, as a result of reasons beyond his/her control, for example, old-age pension, child support grants, disability grants and so on.
    • Social relief: temporary contributions made by the Government to a person in need, as a result of reasons beyond his/her control, for example, in the time of a community crisis. 

What can a person do if his/her basic social and/or economic rights have been violated?

  • A violation of a right is when a right is being, abused (treated badly) or ignored. A person can then:
    • Call the South African Human Rights Commission (“SAHRC”), if s/he is unsure whether his/her social or economic rights have been violated.
    • Lodge a complaint with the SAHRC, who will resolve the complaint through negotiation, mediation or arbitration. This service is free.
    • Approach the court to enforce his/her right or to claim compensation, if the violation caused a person any loss or damage. It is recommended to obtain the assistance of an attorney when approaching the court.
    • Lodge a complaint with another institution, for example, the Public Protector or a non-governmental organisation. 
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