The flattening of the COVID-19 pandemic curve and the legal paradox of socio-economic rights in South Africa

Abstract

Major public health and socio-economic issues have been brought on by COVID-19, an infectious respiratory virus that causes symptoms similar to those of pneumonia. This study seeks to interrogate the implications of the legal approaches taken to address COVID-19 pandemic issues on the socio-economic rights in South Africa. To better understand the laws governing COVID-19 regulations and socio-economic rights and to provide an argument for their more effective application, the study used a doctrinal legal research methodology. Evidence that has been examined and interpreted in regard to socio-economic rights demonstrates that nations are obligated to act in a particular way in the event of pandemics under international human rights law. However, tension may arise as the performance of such obligations may clash with key individual rights of populations. South Africa is one of the most unequal nations in the world, yet its COVID-19 regulations were implemented with minimum regard for certain socio-economic rights of the population. Based on this finding, it is recommended that states, including South Africa need to respect, protect, and fulfil the enjoyment of basic human rights during pandemic times.