239. The CSAR generally provides an account of the recognition and protection of civil and political rights in the country, as provided for in chapter 4 of the constitution on fundamental rights. These include the rights and freedoms to life, dignity, liberty, access to courts, fair trial, privacy, expression, assembly and association, and protection of property. The CSAR highlights the existence and enjoyment of freedoms such as those of association, movement and expression, noting that the country has a vibrant media and press and a thriving film industry. Cultural traditions and practices are protected and promoted. The CSAR further points to limitations that are placed on the civil and political rights and freedoms by law. 240. The CSAR points to national policy enshrined in the constitution for the provision of free and compulsory education and free university and adult education. It correctly points out that, in practice, the high level of social inequality and poverty mitigates against the enjoyment of the right to education. 241. The CSAR does not expressly speak to the right to housing, perhaps because of the absence of a clear national policy or legal dispensation. However, safety and health, as well as the national obligation to provide adequate medical and health facilities, form part of “Fundamental objectives and directive principles of state policy” in the constitution. It is pointed out that the provision of clean water and sanitation is dealt with through policy and federal and state legislation, but not within the rights paradigm. ii. Findings of the CRM 242. Some social, economic and cultural rights and freedoms may be read into chapter 2 of the constitution, which deals with “Fundamental objectives and directive principles of state policy”. The primary aspects include human security and welfare, participation in government and the economy, suitable shelter, food, the welfare of the disabled, adequate means of livelihood, and opportunities for employment, health and free primary, university and adult education. 243. It should be noted, however, that individual and group claims of rights and freedoms are not adequately promoted or protected by policy alone. Legally enforceable rights and freedoms are best claimed and asserted by citizens when they inhere in policy, legally enforceable legislation, resource allocation and other enforcement mechanisms. It is a combination of all of these that provides the best means of securing rights and freedoms in the realm of not only civil and political rights, but also social, economic and cultural rights. 244. In terms of international standards, the social, economic and cultural rights are realisable ‘progressively’ commensurate with ‘available means or resources’. There is therefore no reason why the justiciability of social, economic and cultural rights has not been enhanced to the level enjoyed by the civil and political rights in the ‘fundamental rights’ in chapter 4 of the constitution. 97

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