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Introduction

Human rights are claims that every human being is entitled to, in order to live a peaceful, free and happy life. Human rights have traditionally been characterized into civil and political rights, and socio-economic rights. The satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Socio economic rights as understood in Lesotho as Principles of State Policy .

  These socio-economic rights are:

•  Right to education

The right to education is found in Section 28 of the Lesotho Constitution, this section provides that everyone has the right to: 1) Primary education 2) secondary education 3) technical and vocational education 4) Higher education. The section stipulates that the government of Lesotho will see to it that these educational rights will be available to every resident of Lesotho even if it means progressive introduction of free education.

Basic education means no one may be refused basic education because he/she cannot afford school fees. Basic education must be of a reasonable standard. The State is obliged to make sure that everyone receives basic education.

•  Right to food

The constitution of Lesotho does not specifically state food as a right but talks of rights that lead to the provision such as Section 29 right to job opportunity and Section 34 right to economic opportunities. The right to food includes:

• The right for everyone to have access to sufficient food

• The right to basic nutrition for children

• The right of everyone who is detained, including every sentenced prisoner to adequate nutrition at State expense.

Sufficient food means that everyone must have access to enough amount of food in order not to get hungry. Food must also be of acceptable quality and be safe for everyone to live a healthy and dignified life. In other words, food must have enough calories, proteins, irons, fats, carbohydrates, minerals and vitamins. Safety of food means that the food must be fresh and free from harmful substances.

•  Right to health

  Health rights are found in Section 27 of the Lesotho Constitution. The health care rights including reproductive health care, in Section 27(1) mean that every human being has the right to enjoy physical and mental health and facilities, goods, services and conditions that are suitable for living life with dignity. In the event of sickness – both physically and mentally, no one may be refused access to health care or emergency medical treatment on grounds of race, colour, sex, language, religion, social origin, physical or mental disability, health status (including HIV/Aids) and sexual orientation.

The minimum importance in the area of health rights includes:

• Ensuring the right of access to health care facilities, goods and services on a non discriminatory basis.

• Ensuring access to minimum essential food which is sufficient, nutritionally adequate and safe, to ensure freedom from hunger for everyone.

• Ensuring access to basic shelter, housing and sanitation and an adequate supply of safe and portable water.

• Providing essential drugs

• Appropriate treatment of prevalent disease (eg HIV/Aids, TB), illnesses, injuries and disabilities.

•  Right to land

Land rights are dealt with in Section 17 and Section 34 of the Lesotho Constitution but not specifically. Land rights mean that everyone can own land, this means:

• No one may be deprived of property.

• Property may be expropriated only in terms of law:

– For a public purpose or in the public interest

– Subject to compensation which shall either be agreed to by those affected or decided and approved by a court.•  Right to water

This section provides a right for everyone to have access to sufficient water.

Sufficient water refers to the quantity and quality of water. The amount of water must be enough to satisfy the domestic needs. Water should be free from harmful substances such as toxins, bacteria and other harmful substances. This is important, because safe drinking water is an essential part of the human diet and is necessary for survival. Access to water refers to economic and physical accessibility of water. Physical accessibility means that water should be available within a distance accessible to everyone including vulnerable individuals such as children, elderly persons and people with disabilities. In other words people should not walk long distances in order to get water. Economic access refers to the financial costs associated with accessing of water. The costs for water should not be unreasonably expensive that people cannot afford it.

•  Environmental Rights

Environmental rights are found in Section 36 of the Lesotho Constitution.

This section says that, everyone has a right to:

• An environment that is not harmful to his or her health or well being; and

• have environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:

– prevent pollution and ecological degradation

– promote conservation and

– Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. Environment refers to everything in our physical surroundings. These include natural surroundings such as rivers, air, plants, forests; and the built environment in towns and cities. Environment that is harmful to health and well being of human beings also includes conditions where the communities have no toilets, no water and no sanitation.

•  Right to social security

Social security rights are found in Chapter 3 of the Lesotho Constitution. Chapter 3 talks about issues of social security and that everyone has the right to have access to social security, including if they are unable to support themselves and their dependants, appropriate social assistance. Like in all human rights, international human rights law prohibits racial and sexual discrimination in the enjoyment of the right to social security.

The State must:

• Take appropriate measures to establish systems of compulsory old age insurance, starting at a particular age.

• Establish a retirement age that is flexible, depending on the occupation performed and the working ability of elderly persons, taking into account, demographic, social and economic factors

• Guarantee the provision of survivors' and orphans' benefits on the death of the breadwinner who was covered by social security, or receiving a pension

• Institute old age benefits or other assistance for all persons, regardless of their sex.

•  Right to housing