ATC131111: Report of the Portfolio Committee on Justice and Constitutional Development on the International Covenant on Economic, Social and Cultural Rights dated 11 November 2013

Report of the Portfolio Committee on Justice and Constitutional Development on the International Covenant on Economic, Social and Cultural Rights dated 11 November 2013

The Portfolio Committee on Justice and Constitutional Development, having considered the request for approval of the ratification of the International Covenant on Economic, Social and Cultural Rights, with its accompanying explanatory memorandum, referred to it for consideration and report, recommends that the National Assembly approves the ratification of the Covenant subject to a declaration relating to Articles 13 and 14 of the Covenant to the effect that South Africa will give progressive realisation to the right of education within the framework of its legislation and available resources.

The Committee further reports as follows:

Article 2 of the Covenant provides that each State Party to the Covenant undertakes “to take steps  ... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures”. Although the Committee is assured that the nature of the obligation does not require a higher standard for the progressive realisation of economic, social and cultural rights than the South African Constitution, the Committee recommends that a Declaration be made on ratification of the Covenant relating to Articles 13 and 14 that South Africa will give progressive effect to the right of education within the framework of its legislation and available resources.

Report to be considered.