Section 76 which guarantees the right to health care
Section 77 which provides for the right to food and water
Section 82 which guarantees rights of the elderly
Section 81 (f) which guarantees the rights of children
b. International Law
Universal Declaration of Human Rights (UDHR)
Article 17 UDHR provides for freedom from arbitrary eviction. It states that
(1) Everyone has the right to own property alone as well as in association with
others.
(2) No one shall be arbitrarily deprived of his property.
International Covenant on Economic, Social and Cultural Rights
Article 11 of the ICESCR provides that;
The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions. The
States Parties will take appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of international co-operation
based on free consent (emphasis added).
6.
FINDINGS
6.1
Freedom from arbitrary eviction
In applying and interpreting the Declaration of Rights in terms of Section 46(1) (c)
of the Constitution there is need to take into account international law and all
treaties which Zimbabwe is part to, to consider relevant foreign law (Section 46(1)
(e)) and to pay due regard to all the provisions in the Constitution in particular the
National Objectives set out in Chapter 2 (Section 46(1) (d)).
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