The Judical Officer - Dec 07 - Joasa.org.za

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Because these rights strive to compel the state to enhance the individual’s socio-
economic circumstances (in accordance with what the state can AFFORD - see par 11).
10.3 10.3 THIRD THIRD generation generation generation (fundamental) (fundamental) rights rights
rights
THIRD THIRD generation generation rights rights (1) are also known as “green rights”; and (2) focus on the
interests of groups. For example, the right to a clean environment (section 24 of the
Constitution).
The dimensions of socio-economic (second generation) rights are extremely
important.
11 11 THE THE DIMENSIONS DIMENSIONS OF OF SOCIO SOCIO-ECONOMIC SOCIO ECONOMIC RIGHTS RIGHTS
RIGHTS
Socio Socio-economic
Socio economic rights has two dimensions (De Waal et al 1999:418-425):
(1) NEGATIVE dimension: dimension: The state may not interfere with an individual’s socio-
economic rights.
(2) POSITIVE dimension: dimension: The state must take positive steps to enable an individual
to realise his/her socio-economic rights
This positive dimension of socio-economic rights is qualified qualified. qualified
Why ? Because the
constitutional obligation on the state to enable an individual to realise his/her socio-
economic rights, must occur in aaccordance
a
ccordance with what what the state can can can can AFFORD. AFFORD AFFORD AFFORD
This qualification will be illustrated when we proceed to take a brief look at section
26 26 of the Constitution. Section 26 is one of the most important important socio-economic rights in
the Constitution.
12 12 SECTION SECTION 26
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