Journal Citation:
28(2) HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW, 505-532 (1993).
This article addresses the domestic implementation of social and economic
rights by means of constitutional articulation and entrenchment. "This Note
argues that the new South African bill of rights is the appropriate forum for
constitutional entrenchment of social rights, particularly the right to shelter." "At
the outset, this Note will present South Africa's vital statistics on race,
economic status, land distribution and housing. Second, this Note explores the
ANC's conception of economic rights and the right to shelter. Third, it analyzes
the justifications for and counter-arguments against recognizing the need for
housing as a human right. Finally, this Note examines how the ANC envisions
actually implementing the right to shelter." [This article does not focus
specifically on women's rights. The right to shelter was litigated at the
Constitutional Court of South Africa in the 1999 case of Grootboom v.
Oostenberg Municipality, which is included in the Documents section of this
site.]