77. According to the Chinthiti Case, section 20(2) of the Constitution emphasizes
the importance of legislation to the quest for substantive equality.
78. It is the conclusion of this Court, in accordance with the above exposition of
section 20 of the Constitution, that there is nothing in section 11 of the Pension
Act, nor the Pension (Exemption) Order which transgresses section 20 of the
Constitution. Equality claims must be considered within the context of
structural and systemic factors as well as institutional and social
arrangements.
Section 30 of the Constitution – Right to Development
79. Section 30 of the Constitution reads as follows: -
(1) All persons and peoples have a right to development and therefore to the
enjoyment of economic, social, cultural and political development and
women, children and persons with disabilities in particular shall be given
special consideration in the application of this right.
(2) The State shall take all necessary measures for the realization of the right
to development. Such measures shall include, amongst other things,
equality of opportunity for all in their access to basic resources, education,
health services, food, shelter, employment and infrastructure.
(3) The State shall take measures to introduce reforms aimed at eradicating
social injustices and inequalities.
(4) The State has a responsibility to respect the right to development and to
justify its policies in accordance with this responsibility.
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