Human Rights And The South African Bill Of Rights Flashcards
(20 cards)
What did the 1993 Interim Constitution introduce?
A justiciable Bill of Rights, making rights enforceable in courts.
What were key changes introduced by the 1993 Interim Constitution?
The right to vote, constitutional supremacy, and the Constitutional Court’s power of judicial review.
What was the aim of the Bill of Rights?
To redress apartheid injustices and ensure socio-economic rights.
What was the purpose of the Bill of Rights?
To protect all individuals, addressing historical exclusions and discrimination.
What types of obligations does the Bill of Rights impose?
It imposes negative obligations (preventing rights violations) and positive obligations (requiring action to fulfill rights).
How did the ANC’s stance on democracy change in the 1980s?
The ANC shifted from favoring majoritarian democracy to supporting constitutionalism due to political shifts.
What are human rights based on?
Human rights are based on natural law, social contract theory, and various cultural perspectives (e.g., ubuntu, dharma).
What are the four categories of human rights?
Human rights include civil, political, social, and economic rights.
What are first-generation rights?
First-generation rights are civil and political rights, e.g., freedom of speech, voting rights.
What are second-generation rights?
Second-generation rights are social and economic rights, e.g., right to education, health care.
What are third-generation rights?
Third-generation rights are group or collective rights, e.g., environmental rights, self-determination.
What is the first aspect of enforcing the Bill of Rights?
a procedural stage
What is the second aspect of enforcing the Bill of Rights?
a substantive stage
What is the third aspect of enforcing the Bill of Rights?
a remedies stage
Key international human rights instruments
1.Universal Declaration of Human Rights (UDHR) (1948)
2 International Covenant on Civil and Political Rights (ICCPR)
3.International Covenant on Economic, Social and Cultural Rights (ICESCR)
Regional frameworks include
1.African Charter on Human and Peoples’ Rights
2.European and Inter-American human rights systems
Who may claim rights under the Bill of Rights in South Africa?
Most rights apply to everyone, including non-citizens. Some rights apply only to citizens (e.g., voting rights). Juristic persons (companies, organisations) can claim some rights.
Who is bound by the Bill of Rights?
The state is always bound. Private individuals and businesses are sometimes bound (directly or indirectly).
How are rights enforced under the Bill of Rights?
Courts assess whether a right has been violated. If a violation is unjustifiable, courts determine the appropriate remedy.
Legal mechanisms to enforce rights
Legislation (e.g., Promotion of Equality and Prevention of Unfair Discrimination Act).
Chapter 9 institutions (e.g., Human Rights Commission, Public Protector).
Legal Aid South Africa & Law Clinics provide legal assistance.
Public interest law organisations and social movements advocate for rights.
