Human Rights Issues

Every Human has Rights !

 

 

Every single person in the world has human rights , those human rights are inherent to all human beings regardless of race , sex , nationality , ethnicity , language , religion , or any other status . These human rights include the right to life and liberty , freedom from slavery and torture , and many more .

 

In response to one of our followers’ case study , the right which is violated and which seems to be violated the most as well is the right for one to live their lives free of discrimination and the right to equity . The violation of the right for a person to live their life free of discrimination automatically gives rise to the violation of many other human rights . According to the case study attached , the type of discrimination faced is sex and sex orientation discrimination which can also be referred to as the LGBT discrimination . LGBT stands for lesbian , gay , bisexual and transgender , which is sort of the law protectingthese people in the whole world . Discrimination against the above mentioned law is defined as the discrimination against a person or a group of people on the basis of their sexual orientation or sexual behavior , and is mainly faced in the context of employment action as mentioned in the case study .

 

Sexual orientation and gender identity are integral aspects of ourselves and should never to discrimination or abuse . South Africa’s Constitution is the first in the world to prohibit unfair discrimination on the grounds of sexual orientation , it thereby guarantees equality for LGBT people . The constitution urges the South African Government to protect and promote rights of every individual . Equality is the main objective of the constitution and it doesn’t only urge equality in race or ethnicity but in sex and sex orientation as well .

 

Everyone is equal before the law and has the rights to equal protection and benefit of the law . The state is also required to enact a national legislation to prevent or not allow unfair discrimination at all . Any person or organization that is said to be discriminative should and may be reported to the equity courts . Equity courts are specialized courts that deal with matters relating to unfair discrimination , hate speech , and harassment . The equity courts are free of charge , in other words a person that needs to report or wants to report unfair discrimination doesn’t have to pay any court fees when taking someone to these courts .

 

In conclusion , if you believe that you have been unfairly discriminated against and you are a victim of hate speech or harassment , then you can place your complaint at any of the designated courts . Ever person in the world has human rights , and any person or organization that violates those rights should face serious punishment .

 

References : 

 

https://www.justice.gov.za/EQCact/eqc_faq.html

https://www.hrw.org/topic/lgbt-rights

https://www.concourt.org.za/index.php/gay-and-lesbian-rights

 

Case study 14 :

 

 

  Dear Blog

 

 

I am Judy, a judge at the Cape High Court and I have been involved in an intimate, committed, exclusive and permanent same-sex relationship with Carrie since about 1986. Although not married (in terms of South African law we were unable to enter into a valid marriage) we live in every respect as a married couple. I would like to approach the Constitutional court, because the act that governs my conditions of employment violates my right to equality.

 

The Judges’ Remuneration and Conditions of Employment Act88 of 1989 doesn’t consider a partner in a same-sex relationship as a spouse.

What do you think? Please help!

 

 

Sincerely, Judge Judy

 

Limitation clause contained in section 36 of Bill of Rights

LIMITATION CLAUSE

What is limitation clause?

Limitation clause enables constitutional rights to be partly limited, to a certain extent and for definite limited and democratically justifiable purposes, while not allowing restrictions that are a danger to democracy by reason on their nature or existence.

Section 36 of the constitution provides specific elements that must be taken into account by courts when determining if a restriction is either reasonable or justifiable:

·         The nature of the right

·         The importance of the limitation

·         The nature and extent of the limitation

·         The relation between the limitation and its purpose

·         Less restrictive means to achieve the purpose

These elements are not really direct and other part that the court may judge or consider as unnecessary may also be taken into account. When the essence of the right is considered, the courts will have to take into account the content of the right, the importance and the interest of these right. The constitution requires a less restrictive means to be considered rather than limiting the rights of an individual, in achieving that purpose. The promotion and protection of s permissible of lawful public interest are always of importance when considering the limitation and its purpose.

The rights contained in the Bill of Rights are not direct and may be restricted by way of specific restriction clause where single rights are subject to limitations set out in the in the individual sections e.g. section 9 on Equality. Furthermore, the constitution provides General limitation clause at section 36, which gives for all rights in the Bill of Rights to be restricted in terms of law of general application and that, “limitations must be reasonable and justifiable in an open and democratic society based human dignity, equality and freedom”. Any restriction must therefore be fair and may only be made with good intentions. Limits should also be special.

The law court, the legislative or the executive may always limit rights in carrying out their activity e.g. by limiting the freedom of a convict. In addition, because of even applications of the Bill of Rights, rights may be limited by the actions or decisions of other people. The courts are authorized to check the foundation of the limitation in terms of section 36.

References:

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.researchgate.net/publication/313423411_Limitations_on_the_Bill_of_Rights_under_the_South_African_Constitution_From_Constitutional_Law_of_South_Africa&ved=2ahUKEwj9vq3o-MHqAhVxThUIHbedAgwQFjARegQIAhAB&usg=AOvVaw0OwJ6s_FWUwY0ZuA-rMu1B

 

The Bill of Rights

The bill of Rights          

    

Violated one can use them in court to protect themselves .These laws are not biased  and do not just apply on certain people ,they must be followed by all  branches of government and all government bodies .This section describes each of these rights

All bills of rights are included   in the constitution to make the law, if some of these rights are

Section 9 states the right to equality, everyone is equal before the and has the right to equal protection and benefit of the law .The law cannot discriminate against anyone .a very good example discrimination where by the law favours whites than black people and gender inequality, where a male is seen superior that a female .Everyone should be treated equally despite race or gender. Section 10 gives the Right to Human Dignity where everyone has the right to have their dignity respected and protected.

Section 11 states that everyone has the right to life .This is the main reason why South African  courts cannot issue death penalty ,as it is illegal and violates the right to life .Section 12 states the right to freedom and security of people . People should be free from all kinds of violence whether in public or privately

Section  13 states that people may never be subjected to slavery and forced labour .Section 14 states the right to  privacy ,for example if an individual does not want their home searched without a search warrant ,it is illegal to go against that person or search in their absence .

Section 15 states the right to freedom of religion, belief and opinion. Everyone has the right to practise their religion of choice and no one should be force.  Section 16 states the right to freedom of speech and expression .Speaking out your mind is allowed whether on social media or in person   however this right has some limitations for example encouraging people to use violence or hate speech is not lawful and not protected by law.

Section 18 states the freedom of association, everyone has the right to associate with whoever they want, for example workers joining together and meeting in trade union.

Section 19 states the political rights. Everyone has the right and free to make political choices, such as to joining a political party and encourage individuals to join. Adult 18+ who is South African citizen has the right to free and free elections.

Section 20 states the right to citizenship; citizenship is protected by the law and cannot be taken away from an individual.

Section 21 freedom of movement and residence states that everyone has the right to move and live anywhere in South Africa whenever they want.

Section 22 states that every citizen has a right to choose their occupation, trade and profession freely. The must be no restraint of trade but the law ca regulate how people should practise trade,

Section 28 children’s right, a child is anyone who is under the age of 18. Every child c has the right to name and nationality since birth, to basic health care, social services, enough food and shelter. Not to be used in wars.

Section 29 states that everyone has the right basic education including adult basic education. Has a right to further education which government must make it available and accessible.

Reference

• The National Congress 'freedom charter' online available at

http://www.anc.org.za/show.php?id=72

• https://www.gov.za

  Case study 9

Dear blogger

Your uncle has been unfairly treated and his right to life has been violated. In 1995 the constitutional court of South Africa found the death penalty unconstitutional.  The right to life states that one should not be treated or punished in a cruel, inhuman or degrading way. The state should not execute criminals even if they have committed murder. The constitutional court said that death penalty is against a individuals right to life and there for death penalty is illegal.

Yours sincerely

Siziphiwe 

Explanation & layout of the constitution

EXPLANATION AND LAYOUT OF THE CONSTITUTION


The South African courts are the Civil and criminal courts responsible for the ADMS of justice in South Africa.They apply the law of South Africa and are established under the constitution of South Africa or under acts of parliament of South Africa.Despite South Africa’s division into the (9) nine province the country has a single national court system.The courts are funded and supported by the national department of justice and constitution development.

The ordinary courts are the District and regional magistrate courts.The provincial divisions of the High court and supreme court of appeal.The Constitutional court is the Highest court for constitutional matter.Specialists courts have been established for various matter including labour courts, land claim courts, special income tax courts , and the electoral court.Africa Customary law is administered by chiefs and headmen’s court , subject to the council of traditional

THE PREAMBLE OR FOUNDING STATEMENT OF THE CONSTITUTION

THE PREAMBLE OR FOUNDING STATEMENT OF THE CONSTITUTION

Preamble is a brief introductory statement of the Constitution’s fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as a reliable evidence of the founding’s intentions regarding the Constitution’s meaning and what they hoped the constitution would achieve.

The founding statement of the constitution of the Republic of South Africa act 108 of 1996 is an index of the bill of rights that was made to right the injustices of the past. South Africa underwent a radical transition from the oppressive apartheid regime to a constitutional democracy committed the creation of a society based on democratic values, social justice and fundamental human rights.

White people finally realized their mistakes and injustices in mistreating the blacks and treating them as inferior people. They are now willing to fix their wrong doings and treat black people with respect and the same way they treat each other as whites. Those who have worked hard to build South Africa are honored by statues being built of them for example, the likes of Nelson Mandela who fought for the freedom that we have today and brought piece between white and blacks. He has fought against white domination. Some are parks, streets and roads named after them as to honor their bravery.

There are political parties that are there to insure that all is well, representatives are elected so that there can be rules everyone must follow. E.g. the President is there to rule and protect the country, in this case of this pandemic that the country is facing now which is the Corona virus the President of South Africa made all possible ways to ensure that we are safe and protected, he had to make ends meet to protect his people. So that’s what representatives are for, and by doing this the plan is to restore order and peace in our country.

The people of South Africa have faced a very difficult time during the apartheid era, and I can say that even now there’s still a gap between blacks and white people. We are still treated unfairly and discriminated against, I’ll make a living example by what just happened recently whereby a black man (George Floyd) was brutally killed by a white policeman. Countless campaigns have been held to voice that black lives matter but there are no changes. We are still treated unequal. Black people had no freedom nor rights to express their feelings, that’s when few South Africans went ahead and risked their lives, risked going to jail just to fight for freedom.

The Constitution of the Republic of South Africa was written in 1996, 2 years after the end of apartheid, an era whereby black people faced oppression from the white government as stated above. Therefore, the preamble focuses on addressing injustices of the past at first then further extends to pay tributes to those who suffered and lost their lives for justice.

The main ideas of the constitution are portrayed which focuses on Equality and Unity in the country, rectifying the injustices and begin a new leaf, where there is supreme law that allows everyone to be equal and free.