4.10 Handves van menseregte

Lewensoriëntering

Graad 8

Sosiale ontwikkeling en loopbaanoriëntering

Module 32

Handves van menseregte

BILL OF RIGHTS

RIGHTS

1. This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

EQUALITY

1. Everyone is equal before the law and has the right to equal protection and benefit of the law.
2. Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
4. No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (c).

National legislation must be enacted to prevent or prohibit unfair discrimination.

1. Discrimination on one or more of the grounds listed in subsection (c) is unfair unless it is established that the discrimination is fair.

HUMAN DIGNITY

1. Everyone has inherent dignity and the right to have their dignity respected and protected.

LIFE

1. Everyone has the right to life.

FREEDOM AND SECURITY OF THE PERSON

1. Everyone has the right to freedom and security of the person which includes the right –

1. not to be deprived of freedom arbitrarily or without just cause;
2. not to be detained without trial;
3. to be free from all forms of violence from either public or private sources;
4. not to be tortured in any way; and
5. not to be treated or punished in a cruel, inhuman or degrading way.

Everyone has the right to bodily and psychological integrity, which includes the right –

• to make decisions concerning reproduction;
• to security in and control over their body; and
• not to be subjected to medical or scientific experiments without their informed consent.

SLAVERY, SERVITUDE AND FORCED LABOUR

• No one may be subjected to slavery, servitude or forced labour.

PRIVACY

Everyone has the right to privacy, which includes the right not to have –

• their person or home searched;
• their property searched;
• their possessions seized; or
• the privacy of their communications infringed.

FREEDOM OF RELIGION, BELIEF AND OPINION

1. Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
2. Religious observances may be conducted at state or state-aided institutions, provided that –
   1. those observances follow rules made by the appropriate public authorities;
   2. they are conducted on an equitable basis; and
   3. attendance at them is free and voluntary.

c) i) This section does not prevent legislation recognising –

• marriages concluded under any tradition, or a system of religious, personal or family law; or
• systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.