Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa

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Authors

Tshoose, Clarence Itumeleng

Issue Date

2016-02

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en

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Social security , Socio-economic rights , Human rights , Poverty , Inequalities , Unemployment , Vulnerable people , Constitution , Courts , Comprehensive social security , Bolsa familia , The right to life , Public interest litigation , Social protection floor , International social security law , Indian social security law , Brazilian social security law

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Abstract

The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which provide broader development objectives and tackles income poverty transfers. The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform and trends in India and Brazil with the aim of improving South Africa’s system of social security. For the avoidance of doubt, the law evaluated in this work is at 15 September 2015.

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Tshoose, Clarence Itumeleng (2016) Social assistance : legal reforms to improve coverage and quality of life for the poor people in South Africa, University of South Africa, Pretoria, <http://hdl.handle.net/10500/21939>

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