Socioeconomic rights and citizens expectations: the missing link

By: Dr. Olusola Bodede

Socioeconomic rights are the rights that enable people enjoy basic necessities to ensure a dignified life. In most cases, the government, organizations, or private sectors are saddled with the responsibility of promoting and protecting these rights. It is pertinent to note that socioeconomic rights are very relevant to the less privileged and disadvantaged in the society. This is because these sets of people are often affected by poverty and poor standard of living and are frequently restricted from having easy access to opportunities, services and resources within the society. Socioeconomic rights are recognised in the 1948 Universal Declaration of Human Rights (UDHR) and the 1966 International Covenant on Economic, Social and Cultural Rights. There has been continuous call all over the world on the need to protect socioeconomic rights of every citizen irrespective of their status. South Africa, through the South African Bill of Rights, tops the list of countries who have progressed tremendously due to the inclusion of almost all categories of human rights that conform to most international human rights standards such as first generational rights (traditional civil and political rights) and second and third generational rights (socioeconomic rights). This has made South Africa stand out and often used as a benchmark when it comes to constitutional protection and judicial enforcement of socio-economic rights. Studies have shown that the two types of rights: traditional civil & political rights and socioeconomic rights are interdependent. This is because for one to fully live a meaningful life, both civil & political rights and socioeconomic rights must be enjoyed. On 12^th January 2015, South Africa became the 163^rd state party to the International Covenant on Economic, Social and Cultural Rights. The ratification actually came twenty years after South Africa signed to be legally bound by the provisions of the International Covenant on Economic, Social and Cultural Rights. The United Nations expressed its hope after the ratification that “the Government of South Africa will give progressive effect to the right to education, as provided for in Article 13 (2) (a) and Article 14, within the framework of its National Education Policy and available resources.” Since the ratification has been perfected, many countries are now taking a cue from South Africa towards ensuring that socio-economic rights are included in their constitution and to also ensure its enforcement at all levels. Within the socio-economic rights are “social rights” such as family life, social security, education, healthcare, food, cultural life, housing and water. All these rights are captured in the South African Constitution (Act 108 of 1996). This Act provides ways by which basic socioeconomic rights can be defended and claimed. Socioeconomic rights also include rights to equal pay, fair wages, rights to adequate protection against old age, sickness, unemployment and right to suitable standard of living.

Citizen’s expectation on socioeconomic rights

The expectations of South Africa’s citizens on socioeconomic rights are quite enormous but unfortunately not all these rights can be met overnight and thus, require a progressive approach towards its realization. For instance the rights to housing may require a gradual approach for it to come to fruition since a building cannot be constructed overnight and involves government taking some critical steps. That being said, there are some socioeconomic rights that does not require longer approach towards its actualization. This means that such is independent on the wealth of the state and immediate action is needed to realise them. Rights of high priority include:

• Education: Education is one of the most important rights that every citizen in South Africa must not be deprived of. It means that there must not be discrimination against anyone to have access to education. There must also not be gender or race discrimination. Everyone has the right to be educated and such basic rights must be provided by the government
• Housing: Shelter is one of the basic socioeconomic rights of the people. It is the responsibility of the government to ensure every of her citizens has a place of abode. Low-cost buildings are some of the approaches that can be adopted in the quest of ensuring everyone including the vulnerable in the society has a shelter.
• Healthcare: It is the socioeconomic right of every residents within the country to have unhindered access to healthcare services. Providing affordable healthcare services is one of the important responsibilities of the government. This will help reduce the morbidity and mortality rates in the society.
• Food: Everyone irrespective of status should have access to food. Food is an essential socioeconomic rights of every South African residents. It is part of the duty of the government to create enabling environment that will make food available to the masses. In some cases, some food items may be subsidized for the less privileged in the society.

The missing links on socioeconomic rights

There are some important links between the expectations of the masses and the actualization of their socioeconomic rights.  Some of this links include but not limited to:

• Access to remedy: Often times when the socioeconomic rights of citizens are violated, they find it difficult so seek redress either because they are ignorant or there is no mechanism in place. It is very important to create an enabling environment to empower the citizens seek remedies both nationally and internationally should they feel their socioeconomic rights have been infringed upon.
• Policies and laws: It is very expedient for the country to further fortified existing laws and also implement policies that can enforce the socioeconomic rights of the people most especially the vulnerable in the society. Sometimes, new laws may be enacted to further protect the rights of the people.
• International agreements: Government are expected to look out for new international agreements as it relates to socioeconomic rights that are yet to be ratified. Such agreements are expected to be endorsed and made to be part of the national legal system.
• Retrogressive measures: This has to do with removing or abolishing some of the policies that have been put in place to protect the socioeconomic rights of the citizens. The removal of such protections may be seen as retrogressive most especially when there are no tangible reasons for the removal. This will further increase the gap between the socioeconomic rights of the South African citizens and their expectations. It is therefore advisable to consolidate on the already established protection of socioeconomic rights while also ensuring more polices are put in place.
• Provision of minimum level of essential rights: In order to ensure the socioeconomic rights of the South Africa’s citizens are well respected and protected, there is need for provision of minimum level of essential rights such as emergency healthcare, access to free primary education and shelter.

In conclusion, socioeconomic rights are the basic need of every citizens. The government of South Africa is expected to beef up her efforts to ensuring these rights are well protected. Also, it is the responsibility of the government to close any gap that exists between the expectation of the masses and the actualization of their socioeconomic rights. This will further make life meaningful for all especially the less privileged in the society.

Dr. Olusola Bodede is a researcher. He writes in his personal capacity