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South Africa- Is RTFN recognized in the legal system?


The Constitution of the Republic of South Africa explicitly guarantees the right to adequate food.

Explicit protection of the right to adequate food
Article 27:

(1) Everyone has the right to have access to-
(b) sufficient food and water;
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights."

Article 28:
(1) Every child has the right-
(c) to basic nutrition, shelter, basic health care services and social services.”

Article 35:
(2) Everyone who is detained, including every sentenced prisoner, has the right-
(e) 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.”

Directive principles of state policy

Article 1: “The Republic of South Africa is one, sovereign, democratic state founded on the following values:
(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.”

Article 7(2): “The state must respect, protect, promote and fulfil the rights in the Bill of Rights.”

National status of international obligations

Article 232: “Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.”

Article 233: “When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.”

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