Socio & Economic Rights in Globalizing world: Lessons from South Africa

& India

The discourse on human rights has historically been inundated with civil and political rights.

In the aftermath of the Second World War, it was once idea that the institution of an orderly

country used to be imperative; to draw a restriction on the unfettered powers of the state,

international locations thinking to renowned the civil and political rights of an man or woman

as the core of human values, transcending all boundaries. These had been stated as bad duties

of the nation in the foundational files of a variety of countries. The Charter of Human Rights

which was once tabled in 1948 delivered autonomy to the fore. However, the realisation that

freedom besides dignity turns into meaningless, justified the drafting of the International

Covenant on Cultural, Social and Economic Rights in 1966. Latterly, socio-economic rights

have been visited as the twin sister of civil and political rights.

Apartheid in South Africa resulted in the monopolization of assets via few and deprivation of

assets for the others. The loads discovered themselves caught between the questions of bread,

butter and shelter. It used to be in this situation that the Bill of Rights was once added into the

Constitution of South Africa. The South African Constitution, 1996 made socio-economic

rights justiciable on the equal grounds as the civil and political rights.

The Indian Constitution pledges enforceable rights to persons and organizations on the one

hand, and on the different hand lays down complicated suggestions for the State to graph

insurance policies to make rights well worth exercising, via embedding non-enforceable

socio-economic rights.

Thus, this paper will discuss two major issues :

(i) study the strategy of the Apex Courts in each of the jurisdiction in the

implementation of Socio-Economic rights.

 (ii) additionally suggests a viable way ahead in phrases of a symbiotic relationship
between the pathways devised with the aid of the Supreme Courts of each of
these Countries ,i.e., India & South Africa.

Submitted by :

SAURABH RAJ (22132).