2023 SEMESTER 2 ASSIGNMENT 2 - FUNDAMENTAL RIGHTS - FUR2601
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Course
FUNDAMENTAL RIGHTS - FUR2601
Institution
University Of South Africa (Unisa)
Question 1
What is the basis for the distinction between socio-economic rights on the one hand and civil
and political rights on the other? (3)
Question 2
What is the difference between formal equality and substantive equality? (2)
Question 3
Ms S and Mr R are the parents to their minor child...
, Question 1: What is the basis for the distinction between socio-economic rights
on the one hand and civil and political rights on the other? (3)
The basis for the distinction between socio-economic rights and civil and political rights
lies in the nature and scope of these two categories of human rights:
Socio-economic rights are primarily concerned with the well-being and material
conditions of individuals and communities. They include rights such as the right to
education, the right to housing, the right to healthcare, and the right to social security.
These rights are often positive in nature, meaning that they require the state to take
active steps to ensure that individuals have access to essential resources and
services. Socio-economic rights are often associated with principles of social justice
and are aimed at addressing economic and social inequalities.
Civil and political rights, on the other hand, focus on safeguarding individual liberties
and freedoms. These rights include the right to freedom of speech, the right to a fair
trial, the right to vote, and the right to privacy. Civil and political rights are often negative
in nature, meaning that they impose limitations on the state's interference with
individuals' lives and liberties. They are essential for the protection of individual
autonomy and the functioning of democratic societies.
The distinction between these two categories of rights is also reflected in their
enforceability and justiciability. Civil and political rights are typically considered
justiciable, meaning that individuals can go to court to seek remedies if these rights
are violated. In contrast, socio-economic rights are often subject to progressive
realization, meaning that states are obligated to gradually improve access to these
rights over time, based on available resources.
Question 2: What is the difference between formal equality and substantive
equality? (2)
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