Seminar - ‘Exploring the Substantive Content of Socio-Economic Rights: Should the Constitutional Court Change Tack?’
The discussion was moderated by Justice Steven Majiedt, of the Constitutional Court of South Africa, and presentations were made by two distinguished scholars, Professor Sandy Liebenberg and Professor David Bilchitz – who critiqued the approach adopted by the Constitutional Court, in focusing on evaluating the reasonableness of government action when addressing socio-economic rights, against the minimum core approach as developed by the United Nations Committee on Economic, Social and Cultural Rights.
The Seminar re-ignited debate on the transformative power of socio-economic rights, and the role of the Court in giving effect to these fundamental freedoms. The discussants interrogated issues surrounding rationality, resource and capacity constraints, progressive realisation, and inconsistencies with standard setting by the Court. Ultimately, in recognising the intrinsic value and dignity that rests upon the realisation of socio-economic rights, the Court should continually re-evaluate its approach, to have the most desirable impact on improving South African lives. In doing so, attention should always be given to marginalised and disadvantaged groups whose needs are urgent and sometimes life-threatening.