South African Constitution

A modern day written Constitution, with the South African Constitution as one of the best
models, must contain at least three generations of human rights. The three generation of rights
referred to are:
(a) civil and political rights; (1st generation)
(b) social, cultural and economic rights; (2nd generation rights) (positive rights) and
(c) healthy, sustainable development and environmental rights. (3rd generation rights or green
rights).
Grootboom & Ors 2001 (1) SA 46: Right of the hardcore poor to housing. Section 26 of the
South African Constitution.
Economic, social and cultural rights
"Social rights" redirects here. For another sense, see Social rights (social contract theory).
Economic, social and cultural rights are socio-economic human rights, such as the right to
education, right to housing, right to adequate standard of living, right to health and the right to
science and culture. Economic, social and cultural rights are recognised and protected in
international and regional human rights instruments. Member states have a legal obligation to
respect, protect and fulfil economic, social and cultural rights and are expected to take
"progressive action" towards their fulfilment.
The Universal Declaration on Human Rights recognises a number of economic, social and
cultural rights and the International Covenant on Economic, Social and Cultural
Rights (ICESCR) is the primary international legal source of economic, social and cultural
rights. The Convention on the Rights of the Child and the Convention on the Elimination of All
Forms of Discrimination Against Women recognises and protects many of the economic, social
and cultural rights recognised in the ICESCR in relation to children and women. The Convention
on the Elimination of All Forms of RacialDiscrimination prohibits discrimination on the basis of
racial or ethnic origin in relation to a number of economic, social and cultural rights.
The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the
basis of the disability including refusal of the reasonable accommodation relating to full
enjoyment of economic, social and cultural rights.

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