CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

THE RIGHT TO A HEALTHY ENVIRONMENT: PROTECTING PEOPLE AND THE PLANET

The Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being, and to have the environment protected for present and future generations. Yet, the FW de Klerk Foundation’s latest Human Rights Report Card ranks the right to a healthy environment as the eighth most threatened right in South Africa.

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GETTING THE BASICS RIGHT: SOUTH AFRICA’S CRISIS IN HEALTH, FOOD, WATER AND SOCIAL SECURITY

South Africa’s Constitution guarantees every person the right to have access to health care, to sufficient food and water and to social security. Yet, persistent systemic failures continue to limit access to essential services. For this reason, the FW de Klerk Foundation’s latest Human Rights Report Card rated the enjoyment of these socio‑economic rights as very poor and continuing to deteriorate.

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PODCASTS

SUBMISSIONS

SPEECHES

EVENTS

DID THE RECENT CONCOURT JUDGMENT RENDER THE SAHRC TOOTHLESS?

A recent Constitutional Court judgment has clarified that the South African Human Rights Commission may investigate rights violations and make recommendations, but cannot itself impose legally binding remedial action. While some may view this as weakening the Commission, the judgment instead reinforces the constitutional principle that final coercive power belongs to the courts. The ruling therefore draws an important line between protecting human rights effectively and ensuring that all public power remains subject to the rule of law.

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CONSTITUTIONAL ISSUES