ACHPR
African Commission on
Human Rights our
Collective Responsibility
Human and Peoples' Rights
measures to ensure access to the basic ,ecessities required for a minimum level
of a life of dignity. This includes th~ obligation to address the problem of
overcrowding and the various social problems associated with overcrowding.
188. The Respondent State also has an ObligJtiOn to take appropriate measures using
all available resources to address the chkllenge of dangerous flooding in human
settlements as well as the non-provision of basis services which have an impact
on human dignity. As the African Co~mission stated in respect to the right to
water, it is critical that States demonstrkte that they adopt deliberate, concrete
and targeted steps :0 ~ove as e~pedit~9usly an~,~J!~_~tiv~~y~s possible towards
the goal of full realISati~n"52 This apPher to s:O?~~:~onon:lc\nghts generall~ ..
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189. In the present case, while the Respondeljlt~§t~!e dlg,n?t d~IJYthat the conditions
of life of the Complainants does exist'E~er;qti", . laih,u~t;~:cl..gf·nqt~rgue that the
Respondent State is not doing any!W;~~ abo iV; J1e :k0#si~g"probl~m-Jn South
Africa. The main charge of the C~rtlpl'c, - ".nts, h~Jfever, 'is,,~m~failureor neglect
of th~ ~esponden~ State t~ ur&el}!ly ad 11:,~·~~;;t~~bri~ousing
pl(?bl~J.TIS
and li~ing
condIh~ns. O~ this que~tlO~>o£ :urg;en~y,t~~i\Afncan ~On:mISSlO~ rec~gnI~es
that while soclO-econorm~ nghts ar!;,of tmmel!l~~t~.application, their realization
is subject to available ~esio_urcesand t~e--:r~>e
of coi1cr~te ~~d targeted plans.
190.
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housi~g,. wat~~ sa~i~ation and'ny~gj~,ne,land q$ner basic services that safeguard
the dignity 0tr~ndIviduals and vuIf!.er~Hlegroups.P However, they have some
discretion as ;;,:t,b, how the resources' -'9~~ded for the implementation of such
O~~igat
..ion are h~tg.:~."
.., aII.O..cate.d and u.~i.ield.
.
The discretion a Sta.te ~ar:r has with
regard to resoUI'Ceftr,allocahon sh0,uld, however, not be a limitation on the
obli~~~?l'l_'~? fulfil<e~~h~1)".
/T~l and cultural rights. This is because State
Partie~, tinder-the Afridltl;
rter are Jnder a duty to expeditiously fulfil the
socio-economic.aspcct of the right of vJlnerable groups to live in dignity and
proper conditions in overcrowded spaces or in spaces provided as temporary
accommodation.
.:.
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191. In the pri~~ip~es, and Guidelines on EkR, the Commission
authoritative-iriterpretation of the Africar Charter that:
has noted in its
The duty to fulfil includes the adbption of measures that enable and assist
individuals and communities to gJin access to these rights on their own. In
cases where individual and commknities are unable to gain ac~.e.ss. ¢t~w- ~,__~
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Guidelines on the Right to Water in Africa 2019 para ~.3,
1,;g
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53 Principles and Guidelines on the Implementation
of ~conomic, Social and Cultural·.~hts
n ~~J)
African Charter on Human and People's Rights paras 78, 79ff, 79hh, 87 & 92
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