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    "id": 601486,
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    "content": "Mr. Deputy Speaker, Sir, Article 21(1) of the Constitution and implementation of fundamental rights and freedoms says:- “It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.” A State organ includes various agencies. This Article further provides that:- “The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43.” Therefore, when you talk about the State taking legislative policy and other measures including the setting of standards to achieve the progressive realisation of the rights guaranteed under Article 43, then this is that legislative measure. It is because this is one of the measures that is envisaged. I know there are many other initiatives around the human rights plan that are being proposed by the office of the Attorney-General (AG) in terms of setting a strategy and a human rights policy in this country. So, these legislations feed into it. Mr. Deputy Speaker, Sir, I know certain organizations or institutions under Article 59(1) which are equally trying to set standards that will advance the realisation of these rights. Therefore, nothing stops this Senate from equally contemplating and enacting a legislation that will progressively advance these rights as envisaged in the Constitution. There are also other important landmark Bills that are coming up. It is what we call sectoral legislation in this realm. There is the Water Bill and the Food Security Bill all of which feed into the realisation of Article 43 of our Bill of Rights. Therefore, there is totally no contradiction in having what we call a framework law that provides a basic framework of how Article 43 of the Bill of Rights can be realised. As I go bullet to bullet, we have set up the objects and purpose of this Bill which is to provide a framework for the preservation of human dignity as set out under Article 19 of the Constitution through the realisation of economic and social rights as set out under Article 41(1) of the Constitution. Mr. Deputy Speaker, Sir, this Bill further seeks to provide a framework for the realisation of economic and social rights by national and county governments. In Article 43, one or two of these rights are still essentially functions of the national Government. However, the majority of these rights envisaged under Article 43 are functions of county governments. This Bill also intends to provide a framework for standards that are to be adhered to by national and county governments in the realisation of economic and social rights. It further seeks to provide a framework for the establishment of mechanisms to monitor and promote the realisation of economic and social rights by county governments; application of the Equalisation Fund and promotion of economic and social rights among the marginalized and communities in accordance with Article 43 of the Constitution. Equally, this Bill intends to establish a framework for the provision of conditional grants to governments for the purpose of funding activities aimed at ensuring the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}