Social and economic rights status While social and economic rights (right to health, education, water etc.) have been referred to as secondary rights against civil and political rights, the former is key for one to exercise the latter. For example, freedom of expression is a nonentity when the stomach is empty. Thus, all human rights are in sync, a negation of one adversely affecting the other. Covid-19 induced lockdowns have waived the capacity of citizens to efficiently provide for their families. The informal sector has been hugely prejudiced since restrictions won’t allow these to operate .Thus, there has been a recent upsurge in domestic violence, child abuse and social ills related with financial woes. The status quo requires government to step in and fulfil the social and economic rights obligations set in the Constitution.
Are these rights absolute? Social and economic rights can be claimed from the government. At law, they are considered as justiciable rights. Chapter 4 of the Constitution(Bill of Rights) outlines these rights . Unlike civil and political rights (right to vote, demonstrate, association ,etc.) which require immediate implementation (State is mandated to refrain from interfering with those rights), social and economic rights are unique. They require the State to actively participate in their provision. Unfortunately, resources are naturally finite, hence the nature of State obligation is limited within available resources. Be that as it may, the State is obliged under international human rights law to meet the standard threshold of provision also known as the minimum core.
Minimum core obligation This is an international law doctrine that implores State parties to the International Convention on Economic, Social and Cultural Rights (ICESCR) such as Zimbabwe to provide the basic necessities for human survival. The thrust of this principle is hinged on the premise that, there are vulnerable groups who are always in need of State assistance. The available limited resources should cater for them. Impliedly, the State cannot be allowed to hide behind lack of resources for failure to provide for those basics. In simpler terms, they are the basic needs, pertinent for survival. On assessing the State obligations for social and economic rights, the Committee responsible for observing implementation of the ICESCR emphasized the minimum core obligation as forming the raison detre’ or purpose to which the convention lies.
What government has to do Recently, the World Bank noted with concern, the increased inequalities and poverty in Zimbabwe swelled by the pandemic. The statistics were such that, around 7. 7 million Zimbabweans were living on less than USD$1.90 per day. These alarming statistics are suggestive of a need to shift focus towards domestic resource mobilization aimed at cushioning the poor and the vulnerable if Zimbabwe is to achieve an egalitarian status where the human rights trilogy (protection, fulfilment and promotion) is realized.
Munashe O’brian Gutu is a LLB student at the University of Zimbabwe. He blogs in his personal capacity. Twitter @barrister_gutu & FB page :Human rights and the law with M O Gutu
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