Health care, food, water and social security

Everyone has the right to have access to

health care services, including reproductive health care;
sufficient food and water ; and
social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.

The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights

No one may be refused emergency medical treatment.

Access to Information

Everyone has the right of access to

any information held by the state; and
any information that is held by another person and that is required for the exercise or protection of any rights.

National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state. Such legislation was enacted but is not discussed here.

Just Administrative Action.

Everyone has the right to administrative action that is lawfully, reasonably and procedurally fair. To the extent that rights were adversely affected by administrative action, the person so affected has the right to be given reasons for the decision. Jointly with the right of access to information, people are empowered to protect their interests adequately. Note too that administrative action must be “reasonable”. This is an important new introduction to our law as it can now be used to compel officials to defend any decision that they may have made on the basis of reasonableness. Such a defence can include giving evidence in a court of law and being cross-examined on the reasons for the decision taken.