South African Constitution Redefines Social Rights and Equality
The article explores the connection between social rights and substantive equality in South African constitutional law. It discusses how social rights judgments can be seen through the lens of substantive equality, raising questions about poverty as a form of discrimination, the role of dignity in social rights, the relationship between substantive equality and positive action, and the value of social rights in a Bill of Rights. The key idea is that social rights extend principles of substantive equality to address issues of poverty and welfare.