SSL2601 - Social Security Law STUDY UNIT 2 Constitutional and rights based framework. STUDY UNIT 2: Constitutional and Rights -- Based Frame Work
How do you describe the constitutional provisions on the right of access to
social security?
In terms of section 27, the Constitution gives everyone t...
SSL2601 STUDY UNIT 2
Constitutional and rights
based framework.
, STUDY UNIT 2: Constitutional and Rights -‐ Based Frame Work
How do you describe the constitutional provisions on the right of access to
social security?
In terms of section 27, the Constitution gives everyone the right to have access to social
security, including, if they are unable to support themselves and their dependants,
appropriate social assistance. In other words, the Constitution views social security as an
umbrella concept that covers – amongst other things – social assistance which may come in
the form of social grants and social insurance, which takes the form of insurance schemes
such as private retirement schemes and unemployment insurance fund.
The Constitution is the supreme law of the country. Any law or conduct inconsistent with it
is invalid and the obligations imposed by it must be fulfilled. In addition, the state must
respect, protect, promote and fulfil the rights in the Bill of Rights. One of the aims of the
Constitution is to heal the divisions of the past and to establish a society based on
democratic values, social justice and fundamental human rights.
The Constitution is the supreme law of the country. Any law or conduct inconsistent with it
is invalid and the obligations imposed by it must be fulfilled. In addition, the state must
respect, protect, promote and fulfil the rights in the Bill of Rights. One of the aims of the
Constitution is to heal the divisions of the past and to establish a society based on
democratic values, social justice and fundamental human rights.
In the Government of the Republic of South Africa and others v Grootboom and others, the
court relied heavily on the right to human dignity as a core value underlying all other human
rights. This value of human dignity has also been embodied as a fundamental right. In any
discussion of the social security regulatory framework it is imperative to consider the
underlying foundation of the framework which, in this case, would be the constitutional
imperative to guarantee everyone access to social security as a fundamental right.
What are the obligations arising from the constitution?
The Bill of Rights is especially entrenched in the Constitution and it binds the executive, the
judiciary and all organs of state, as well as natural or juristic persons, provided certain
conditions have been met (s 8 of the Constitution). In terms of general constitutional law, an
organ of state acts as a functionary of the state.
[PLEASE NOTE: It is clear from a reading of section 8 of the Constitution that the Bill of
Rights is intended to apply to all branches of the state, namely the legislature, the executive,
the judiciary and all organs of state. The Bill of Rights has vertical operation by virtue of the
fact that it is primarily directed at protecting the fundamental human rights and freedoms
of the individual against infringement by the state. This point, however, raises the important
question of whether the Bill of Rights also operates horizontally in the sense that it also
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