In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled.
Western Cape 5 Elwan A "Poverty and disability: a survey of the literature (English)" Background Paper for Human Development Network (1999) at 1. 6 O'Cinneide, C "Extracting Protection for the Rights of Persons with Disabilities" in Arnardottir OM & Quinn G The UN Convention on the Rights of Persons with Disabilities: European and Scandinavian Perspectives (Leiden: Martinus Nijhoff Publishers 2008) at 171. 7 The eradication of poverty is one of the objectives of the Millenium Development Goals of the UN. 8 DFID "Disability, poverty and development" Discussion Paper (2000) at 3. 9 DFID (2000) at 3. 10 Elwan A (1999) at 2. 11 UN "Fact sheet on persons with disabilities" available at http://www.un.org/disabilities/default.asp?id=18 (accessed 7 August 2017). 12 World Bank "World Report on Disability" 39. 13 World Bank "Poverty indicators" at http://data.worldbank.org/indicator#topic-11 (accessed 15 August 2017).
The ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa has resulted in the provisions thereof becoming binding on the South African legislature. The right to social security is entrenched in the ICESCR, which provides for the elements of a social security system that must be complied with by states. This article sets out what is required of states in terms of the right to social security in the ICESCR by way of crystallising the elements of a social security system. Thereafter, the South Africa social security system is compared to these elements to determine whether there is compliance with the right to social security in the ICESCR.
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