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North-West University (2021)

The realisation of the right of access to sufficient food in South Africa : a comparative assessment of subsistence farming and social grants as means to ensure food security in rural households

Mbajiorgu, Duduzile Grace

Titre : The realisation of the right of access to sufficient food in South Africa : a comparative assessment of subsistence farming and social grants as means to ensure food security in rural households

Auteur : Mbajiorgu, Duduzile Grace

Université de soutenance : North-West University

Grade : Doctor of Laws in Constitutional Law 2021

Résumé partiel
The right to have access to sufficient food is one of the constitutionally entrenched rights in the South African Constitution. Section 27(1)(b) of the Constitution provides that everyone has the right to have access to sufficient food. Section 27(2) of the Constitution provides that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. This imposes an obligation on the government to take legislative and other measures to ensure that strategies are in place to achieve the realisation of the right to have access to food. Since South Africa became a democratic state, the government has enacted several legislative measures and other measures aimed at realising socio-economic rights, including the right to have access to food. These legislative measures and other measures comply with South Africa’s national, regional and international obligations and commitments. The government has over the years implemented strategies to ensure that it fulfils its obligations in respect of the right to have access to food. These interventions include short-term and long-term interventions aimed at reducing poverty and increasing food security, especially at household level. Rural households suffer from the most severe poverty and food insecurity. This thesis seeks to investigate the extent to which the South African government is complying with its national and international commitments and obligations in realising the right to have access to food, as entrenched in section 27(1)(b) of the Constitution, through its short-, medium- and long-term measures, with specific reference to rural households. In this investigation, the content and context of the right to have access to food as contained in national law, regional law and international law are examined. Relevant legislative measures and human rights instruments relating to the right to food are analysed and discussed.

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