What is the South African Bill of Rights?

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  • เผยแพร่เมื่อ 27 มี.ค. 2022
  • In this video, we explain what Chapter 2 of our Constitution, the South African Bill of Rights, entails. This video is part of the Civics Academy Constitutional Rights Series. Check out our videos: www.civicsacademy.co.za
    Human rights were systematically violated under Apartheid.
    The Bill of Rights breaks with that past. It shields us from abuse by the state, but also instructs the state to protect and assist us, particularly when we are marginalised or vulnerable. It safeguards the rights of all people in the country and is binding on the legislature, the executive, the judiciary and all organs of state.
    The Bill of Rights is contained in Chapter 2 of our Constitution. It outlines different groups of human rights.
    First of all, it gives a number of basic rights - the rights to equality, dignity and life. They mean that we must all be treated equally by the law, and no one should suffer unfair discrimination.
    Our human dignity must be respected at all times, as must our right to life.
    The Bill of Rights then goes on to talk about civil rights. Everyone has the right to freedom and security of the person. You may not be detained against your will, violated or tortured. It also means that women may make their own decisions with regard to reproduction, and everyone has control over their own bodies. You have a right to privacy: you, your home or your property may not be searched without good reason. It also ensures the privacy of your communications, such as phone calls and emails.
    We all have freedom of religion and belief. State institutions (such as public schools) may allow religious practices, but only if these are voluntary and if they are conducted on an equitable basis.
    Next is the right to freedom of expression, including a free press and the right to receive or send information. However, this does not mean that hate speech or inciting violence is allowed.
    Everyone has the right to protest, although this can be regulated to ensure public safety.
    We all have the right to move freely in the country and settle anywhere, to join associations, for example trade unions, and to choose our occupation or profession. Anyone who is arrested has the right to remain silent, to be brought before a court within 48 hours, to humane conditions of detention, and to be released on bail under certain conditions.
    If you are prosecuted you have the right to be presumed innocent and the right to legal representation. Everyone has access to information held by the state and if the state takes a decision that affects you directly, you have the right to ask a court to review it.
    Then there are political rights: everyone has the right to start, or join, a political party, the right to vote, and to stand for election.
    Some rights deal with socio-economic issues. The state must work towards the fulfilment of these rights, even if that cannot be achieved immediately. These include the rights to housing, health-care, food, water, education, and social security. The government must adopt reasonable laws and budgets to ensure that these rights become increasingly available; and it may not leave out any group, in particular marginalised groups such as poor people, women and children.
    Being vulnerable, children have special rights, such as the right to a name, nationality, care, nutrition, shelter, health-care and protection from abuse.
    Under Apartheid, land was taken from black people.
    The property clause is a special right and has both, a civil and a socio-economic dimension. It aims to do two things: firstly, to ensure that illegal dispossession of property does not happen again. Secondly, to guide land reform and land restitution, which is returning land to those it was taken from or giving them some other form of compensation.
    We all have the right to an environment that is not harmful. The government must prevent pollution, and ensure that natural resources are used and developed sustainably.
    The Bill of Rights also protects cultural rights:
    the right to use a language of your choice and to practice your culture, as long as the rights of others are respected.
    Most of these rights are not absolute: my right to swing my arm ends where your nose begins! So there is a limitation clause included in the Bill of Rights, stipulating rules for when the government is allowed to limit rights.
    Rights may only be limited by law; there must be a good purpose for the limitation; it must be reasonable; and the limitation must be the least restrictive way of achieving the purpose.
    For more details on some of our rights included in the Bill of Rights check out our Civics Academy Constitutional Rights Series.
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ความคิดเห็น • 2

  • @gratitudeandgreatness9769
    @gratitudeandgreatness9769 ปีที่แล้ว +2

    Please do how laws are enacted in South Africa

  • @JosephAdbul
    @JosephAdbul 18 วันที่ผ่านมา

    Do we have non rights amendment like we don't have an opinion to taxes