Section 23 Health And Social Care Essay

For instance, section 28(1)(c) provides the right of every child to basic nutrition, basic health care services and social services. Again section 29(1)(b) prescribes the right of every person to a basic education including adult basic education. Section 35(2)(e) says that every detainee has the right to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment. Section 26(3) provides “No one may be evicted from their home or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” Section 27(3) says “No one may be refused emergency medical treatment.”

For example, rights dealing with labour relations between private parties like employers and employees contained in section 23 which has a direct horizontal effect without any vertical implication owing to the non-involvement of the state in the relevant power relationship having no material obligation to provide facility or deliver any service. These rights include the right of everyone to fair labour practices, the rights of workers and employers to form and join, and to participate in the activities and programmes of a trade union and that of a employers’ organizations respectively, the rights of every worker to strike and that of every employer to engage in collective bargaining and lastly the rights of trade union and employers’ organizations to determine their own administration, programmes and activities, to organize, form and join a federation, and to engage in collective