risk reduction in the context of climate change,1 and trafficking in women and
girls in the context of global migration.2 Similarly, in its most recent
concluding observations it has made observations and recommendations to
African States that are directly relevant to domestic work highlighting
concerns about exploitation, lack of legal protection and gender-based
violence experienced by domestic workers.
83. That said, this Court finds that section 30(2) of the Constitution is selfexplanatory. It emphasizes on ‘equality of opportunity for all’. The
developmental measures taken by the state must ensure ‘equality of
opportunity for all in their access to basic resources, education, health
services, food, shelter, employment and infrastructure.’
84. Section 30(3) of the Constitution specifically enjoins the State to take
measures to introduce reforms aimed at eradicating social injustices and
inequalities. Sections 30(2) and 30(3) of the Constitution emanate from
Article 8 of the Declaration on the Right to Development which reads as
follows: -
States should undertake, at the national level, all necessary measures for the
realization of the right to development and shall ensure, inter alia, equality of
opportunity for all in their access to basic resources, education, health services,
food, housing, employment and the fair distribution of income. Effective
measures should be undertaken to ensure that women have an active role in the
development process. Appropriate economic and social reforms should be
1
General recommendation No. 37: The gender-related dimensions of disaster risk reduction in the context
of climate change at par 62 and 64.
2
General recommendation No. 38: Trafficking in women and girls in the context of global migration at par
28, 112, and 121.
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