ABSTRACT

It is common to limit our idea of human rights to civil and political rights (CPR) and to downplay violations of economic, social, and cultural rights (ESCR). In the American context, one reason for this is the Constitution itself, which, reflecting the era in which it was drafted, only protects CPR. Fortunately, many modern-day constitutions (most notably the post-apartheid South African Constitution) also have provisions protecting ESCR, such as the right to health care, education, housing, and so on.