Improving domestic enforcement of socio-economic rights through international law : ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa

Abstract

Social Economic Rights are included in the South African Constitution (the Constitution) as justiciable rights. This study critically examines the added benefits and implications for South Africa to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Explores some key laws, policies and case law which would give a clear picture as to where South Africa stands in its delivery of Social Economic Rights and discusses some of the key areas of difficulties in the implementation and enforcement of Social and Economic Rights in South Africa.