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Human rights

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by

Roelf Reyneke

on 25 August 2016

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Transcript of Human rights

Human rights
Overview
Introduction
Internationalization of human rights
Generations of rights
Human rights in SA
The Bill of rights
Bearers and duty-holders of rights
Limitations of rights
Interpretation of the Bill of rights
Remedies for human rights violations
Introduction
See Kleyn & Viljoen p 228-245
What do you think human rights is all about?
Do you think that we need human rights? Motivate your answer
Internationalization of human rights
Universal declaration of human rights
Generations of rights
First generation rights
Second-generation rights
Third-generation rights
State to refrain from - Shield to protect against the state (right to life, freedom of speech, of association and religious freedom)
State to take positive action - Sword against the state (right to reasonable housing, medical services, education and work) Sometimes referred to as "red" rights
Rights pertaining to groups (right to a healthy living environment, to development and self-determination) Also referred to as "green" rights
The Bill of Rights
Constitution = 243 sections in 14 chapters

Chapter 2 = List of human rights referred to as the "Bill of Rights"

When legislation and executive conduct unjustifiably interfere with these rights it may be declared unconstitutional


Different types of rights
Civil and political rights
Equality before the law
Right to life
Right to dignity
Right to freedom
Right to security
Right to personal privacy
Civil and political rights
Traditional freedom rights:
Religion
Freedom of expression
Freedom of association
Freedom of movement and residence
Freedom of trade
Civil and political rights
Right to citizenship
Right to vote
And other political rights = sections 19 & 20
Socio-economic rights
Basic education
Access to adequate housing
Access to health care services

Only the right to basic education, some socio-economic rights of children and detainees are stated in unqualified terms = enforced directly

No direct right to housing and health care services only a right to access
Rights - General
State have to take reasonable steps to progressively realize these rights
Done with the available resources of the state
Government departments to provide Human rights commission with information on this
Third generation rights - state to prevent pollution
Children receive special protection - Child's best interests are of paramount importance
Human rights commission
It is my right!!!
Who may claim these rights?
All persons in SA

Class action - One member of a group - pollution

Public interest - prevent the state from destroying documents of public interest

Juristic persons (like companies)
Against whom can these rights be claimed?
State and private persons
Legislature and executive and all other organs of state (Vertical application) e.g right to citizenship
Directly against another person (Horizontal application) e.g. right to equality
Bearers and duty-holders of rights
Limitations of rights
These rights cannot be absolute
The relationship between rights may constitute a limitation
Weighing rights against each other

Formulation of the right may imply a limitation - voters older than 18 years
State of emergency
Only in exceptional cases
Some of the rights may be suspended
However....
The right to human dignity and life is non-derogable
Limitation Clause
All rights may be restricted when:
Form of a law that is generally applicable
In terms of its substance be reasonable and justifiable - in an open and democratic society, based on the values of human dignity, equality and freedom
Proportionality test
Human rights violations
Remedies for human rights violations
Invalidation of a statute
Declaration of rights
Award of damages
Interdict
Impact of the Bill of Rights on Social work
Do some research and look for examples of how the Bill of Rights influence social work. Each group should hand in a 1 page document discussing at least three examples - typed, Aerial 12, 1.5 spacing (remember referencing)
Guest lecturer
Dr Mariette Reyneke
Full transcript