The Bill of Rights protects citizens against poverty primarily by guaranteeing socio-economic rights that address basic human needs and promote dignity, equality, and inclusion. Here is how it functions:
Protection Against Poverty Through Socio-Economic Rights
- Right to Adequate Housing: The Bill of Rights often includes the right to access adequate housing. This obligates the state to take reasonable legislative and other measures, within available resources, to progressively realize this right and prevent arbitrary evictions. For example, South Africa’s Constitution explicitly requires the state to adopt policies and laws to ensure access to housing and protect against homelessness
- Right to Basic Necessities: The Bill of Rights typically guarantees access to basic nutrition, health care, social services, water, and sanitation. These rights ensure that even those living in poverty can access essential services necessary for survival and dignity
- Right to Equal Treatment and Non-Discrimination: It protects against discrimination based on economic or social status. This means that poor or homeless individuals should have equal access to education, health care, public spaces, and other services without stigma or exclusion
- Right to Social Security and Assistance: The Bill of Rights often mandates state measures to provide social and medical assistance to those living in or at risk of poverty, aiming to reduce social exclusion and promote inclusion
State Obligations
- The state must adopt a comprehensive and coordinated approach to combat poverty and social exclusion, including measures related to employment, housing, education, culture, and health care
- The state is required not only to refrain from violating rights but to actively protect, promote, and fulfill these rights by enacting legislation, policies, and administrative actions that improve living conditions for the poor
- Legal protections prevent arbitrary evictions and ensure access to emergency accommodation and basic sanitary facilities for homeless individuals, reinforcing their dignity and rights
Summary
In essence, the Bill of Rights protects citizens against poverty by:
- Guaranteeing socio-economic rights essential for a basic standard of living (housing, food, health care, social services).
- Ensuring equality and non-discrimination regardless of economic status.
- Imposing positive duties on the state to adopt policies and measures that progressively realize these rights.
- Providing legal safeguards against abuses like forced evictions and denial of access to public services.
These protections collectively help to prevent poverty from stripping individuals of their dignity and fundamental human rights, promoting social inclusion and access to essential resources