Economic, Social and Cultural Rights (General)

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400 people who had been evicted from adjacent municipal land settled on the private Modderklip farm in 2000. In April 2001 an eviction order was issued, but the occupiers had no place to go and failed to comply.  The numbers of occupiers continued to increase and the sheriff demanded a deposit of 1.8 million rand – more than the land was worth to carry out the eviction.   

Jeannine Godin lived in poverty and relied on social assistance.  The Minister of Health and Social Services had been granted custody of her three children for six months, and was applying to extend this for another six months.  She applied to legal aid for a lawyer to represent her at the hearing but was denied because legal aid did not cover temporary custody hearings.  She applied to the court for an order that funds be provided for a lawyer and asked for a declaration that the restricted eligibility for legal aid violated her rights to life, liberty and security of the person under s.

Under Sections 20 and 21 of the Urban Land Ceiling and Regulation Act, 1976, the State Government exempted certain excess land from the provisions of the Act on the condition that the land be used by the builders for the purpose of providing housing for the ‘weaker sections of society.'  It was alleged that the builders had not done so. Although it found that the applicant's writ of petition had been rendered infructuous, the Bombay High Court gave some directions regarding future monitoring of the scheme sanctioned under Section 20.
 

The communication alleged that the military government of Nigeria was guilty of, amongst other things, violations of the right to health, the right to dispose of wealth and natural resources, the right to a clean environment and family rights, due to its condoning and facilitating the operations of oil corporations in Ogoniland.  

South Africa is in the midst of an HIV/AIDS epidemic with more than 6 million people infected.    In 2,000, with infections of newborns in the range of 80,000 per year, the anti-retroviral drug Nevirapine offered the potential of preventing the infection of 30 – 40,000 children per year.  The drug was offered to the Government for free for five years, but the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT) only in certain pilot sites and would delay setting these up for a year, thereby denying most mothers access to treatment.  The Treatment Action

“…the essential first step towards promoting the realization of economic, social and cultural rights is diagnosis and knowledge of the existing situation.”

- CESCR General Comment 2, Paragraph 3. 24 February 1989.

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The obligation to fulfill requires the state to take all the necessary measures for the realization of ESCR. As with civil and political rights, economic, social, and cultural rights require governments to actively participate in fulfilling these rights. This is an obligation of result, meaning...

The obligation to protect requires the state to ensure that actions of third parties (non-state actors), under its jurisdiction, do not affect economic, social, and cultural rights. States must guarantee that essential goods and services such as healthcare, and education, that are provided by...

The obligation to respect requires the state refrains from any acts that violates economic, social, and cultural rights. States should recognize and uphold the ESCR of all the individuals who live under their jurisdiction (both nationals and non-nationals). Special attention should be shown to...

The obligations of the state in ensuring enjoyment of ESCR go beyond providing a just bare minimum of resources for people's access to basic goods and services for survival. The ICESCR demands that states devote as much resources they can towards fulfilling ESCR. This obligation places a...