CHASKALSON P
This commitment is also reflected in various provisions of the bill of rights 3 and in
particular in sections 26 and 27 which deal with housing, health care, food, water and
social security.
[10]
Sections 26 and 27 contain the following provisions:
“26.
Housing
(1)
Everyone has the right to have access to adequate housing.
(2)
The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of this right.
(3)
27.
(1)
....
Health care, food, water and social security
Everyone has the right to have access to–
(a)
health care services, including reproductive health care;
(b)
sufficient food and water; and
(c)
social security, including, if they are unable to support themselves and
their dependants, appropriate social assistance.
(2)
The state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of each of these rights.
(3)
[11]
No one may be refused emergency medical treatment.”
What is apparent from these provisions is that the obligations imposed on the
state by sections 26 and 27 in regard to access to housing, health care, food, water and
3
For instance in section 7 where the bill of rights is described as the cornerstone of democracy in South
Africa and as affirming “the democratic values of human dignity, equality and freedom”, section 28 which
deals with childrens’ rights, and section 29 which deals with education.
6