Reconsidering corruption as a violation of the rights to equality and non-discrimination based on poverty in South Africa

Many international organisations and national institutions such as, for example, the United Nations (UN) Human Rights Council, Transparency International, Constitutional Court of South Africa have agreed that corruption has a negative impact on realisation enjoyment human rights. Vulnerable marginalised groups are disproportionally impacted when it comes to their socio-economic This is especially case where limits access quality affordable social services essential rights as adequate housing, sanitation, education, healthcare. article argues criminal law approach, traditionally employed fight corruption, not sufficient address harm caused by corrupt acts omissions. It argued rights-based grounded in principles accountability, empowerment, participation, non-discrimination, must be provide remedies victims corruption. specifically explores possible violation equality or omissions result limited one most vulnerable society, poor. argument based recent judgment Equality Social Justice Coalition v Minister Police 2019 (4) SA 82 (WCC), found poverty constitutes an unspecified ground discrimination, envisioned Promotion Prevention Unfair Discrimination Act 4 2000. state’s failure adequately prevent particularly results limitation healthcare, rights, impairs fundamental dignity those living adversely affects comparably serious manner. Thus, under holders can hold state accountable violating duties, which they legally obliged framework due