Exam (elaborations)
SSL2601 Assignment 1 Semester 2 2023 (854960)
- Institution
- University Of South Africa
Exam of 8 pages for the course SSL2601 - Social Security Law at University of South Africa (COMPLETE ANSWERS)
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SSL2601Assignment 1
Semester 2
2023
(854960)
COMPLETE ANSWERS
[School]
[Course title]
, SSL2601 Assignment 1 Semester 2 2023
Section 27(2) of the Constitution provides that the state must take reasonable
legislative and other measures, within its available resources, to achieve the
progressive realisation of each of the rights in section 27(1) of the
Constitution. With section 27(2) of the Constitution in mind, discuss what
constitutes a state programme for the purpose of “the taking of other
measures” as contemplated in section 27(2) of the Constitution. (10)
1.
Section 27(2) of the Constitution requires the state to take reasonable legislative
and other measures, within its available resources, to achieve the progressive
realization of each of the rights listed in section 27(1) of the Constitution. This
provision pertains specifically to the right to access healthcare services, including
reproductive healthcare.
The term "state programme" in the context of "the taking of other measures" is not
explicitly defined in the Constitution. Therefore, its interpretation can be gleaned
from the broader principles of constitutional law, legislative practices, and judicial
precedents.
In essence, a state programme can be understood as a comprehensive and
coordinated set of actions, policies, or initiatives designed and implemented by the
government to address specific social and economic issues. It is a strategic
approach to achieve the progressive realization of the rights guaranteed in section
27(1) and other relevant sections of the Constitution.
To constitute a state programme, it should meet several key criteria:
Targeted Objectives: The programme should have clear and specific objectives to
address the right to access healthcare services effectively. It should aim to improve
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