Analysing the socio-economic implications of state failure to deliver on its legal obligations towards refugees: A constitutional and international law perspective.

Abstract

Refugees and asylum seekers often rely on the domestic laws of host countries to translate international standards of protection into tangible rights. This study turns to a socio-legal analysis of South Africa's refugee regime, examining how international and constitutional standards of socio-economic rights are translated into domestic law and practice. The research undertakes a two pronged analysis of both domestic legislation and its implementation. At legislative level, the research suggests a pervasive erosion of socio-economic rights through amendments hindering refugees’ pathways to citizenship and access to work and education. Within implementation, systemic failures, xenophobic sentiment, and bureaucratic inefficiencies reveal the barriers that hinder access to socio-economic rights in general. Cumulatively, through unveiling these restrictions, the study exposes the broader trend of limitations to refugee integration. The study asserts that this signifies a shift from a rights-based approach towards a more restrictive regime, justified by the allegation of “limited state resources”. The study argues that such a claim acts as a smokescreen, masking a deeper failure on the part of the state to uphold its international and constitutional obligations. Ultimately, this study champions sustainable reforms, moving beyond a simple revival of rights-based principles, towards achieving lasting change in light of resource constraints.