Introduction: The Constitution of SA and the Identity of Mankind The Constitution of the Republic of South Africa of 1996 was designed and written by the first black empowered Parliament. It was then broadcast by South Africa’s first black president Nelson Mandela. It is a constitution designed out of an experience of injustice and a fight for freedom and liberation from white-supremacy. The Bill of Rights within the Constitution of South Africa informs citizens on what their legal human rights. It forms the foundation on which they can claim their rights if their rights are indeed being violated and also so that they can know their responsibilities as citizens towards the state and towards other individuals.
Researchers also found that “Somalia’s provisional constitution criminalizes severe forms of corruption [...]; however implementation is non-existent” (Gan Integrity, 2016). Unfortunately, the judicial system also ties into the corrupt circle and appears to be almost powerless. The justice system in Somalia is a mix of traditional sharia law as well as modern institutional law. Therefore, there are often disagreements between the courts and religious leader, causing lack of uniformity. The citizens of Somalia are left without proper clarity and continue to live in fear.
There are also many sections in the Constitution that are concerned with the inherent right to human dignity. Firstly, section 1 of the Constitution which states South Africa is a republic based on values such as human dignity. Secondly, section 7(1) of the Constitution that states that human dignity is one of the democratic values enshrined in the Bill of Rights. Thirdly, section 10 of the Constitution which states that everyone has an inherent right to human dignity which must be respected and protected. Fourth, section 12(1)(e) of the Constitution that states that no-one is to be treated in a which could be seen as cruel, inhuman or degrading and section12(2)(b) of the Constitution
The idea of equality is a norm of great significance and is one of the founding values of the South African Constitution. To prevent inequalities between different categories of persons, the Constitution provides that ‘[e]veryone is equal before the law and has the right to equal protection and benefit of the law’ . In South Africa vast inequality carries on to exist in relation to the access to education. At present, the importance of equalising access to education is very strong, and although these should not go to the degree of overruling constitutionally protected rights in regards to language and culture, they do signify an important aspect in the equation. The subject matter of reducing the discrepancies in the life chances of all South Africans runs throughout the Constitution of the Republic of South Africa; from the powerful opening words of the introduction to the reminder of the
In line with the human rights culture prevailing locally and globally, South Africa adopted a constitution that establishes and protects a range of human rights. In relation to corporal punishment,
CHAPTER 1 1.1 BACKGROUND This study investigates the absence of policy implementation which must adhere to the constitution. Therefore policies when they are not properly implemented effectively tend to erode threatening democracy indicators which lead to violation of human rights. The focus is on democracy indicators and its complexities post 1995. The African National Congress is the liberator and the organization that fought for freedom since 1912 when it was established, which it later received its power since the transition to democracy in April 1994 (MacKinnon, 2012:7). South Africa has eleven official languages, yet its divisions are very great within different cultures (Ross, 2008:1).
According to the United Nations Organisation, Human Rights can be defined as those rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination (Human Rights, United Nations [APA], n.d.). Women’s rights are the fundamental human rights that were enshrined by the United Nations for every human being on the planet earth nearly 70 years ago. These rights include the right to live free from violence, slavery and discrimination; to be educated; to own
DEMOCRACY AND HUMAN RIGHTS President Gorbachov and many Western socialists argue that the socialist system can be saved by making it a democratic socialist system. But for a democratic government one criteria must be satisfied if it is to be legitimate, namely democratic rule must not infringe any individual’s rights without the consent of that individual. The state derives its just powers from the consent of the governed and those powers not so derived are not just. Majoritarian rule alone will not suffice. A minority may be ruled by the majority only if its members had consented previously to be bound by the outcome of the process.
Additionally, Section 3 (g) of the same Constitution aims to avert the imbalances that have bedeviled proper women representation and sets out gender equality as one of the values upon which Zimbabwe is founded; placed on a par with values such as the rule of law, good governance and supremacy of the Constitution (2013). While the need to promote full participation of women in all spheres of society on the basis of equality is constitutional, it is unfortunate that this has not been translated in letter and in spirit. This has necessitated NGOs to stand in the gap by playing a pivotal role of empowering women for political careers, training them and equipping them for political offices. Women’s empowerment has been seen as the process by which
There is need to the government of South Africa to be put to pressure to fulfill this constitutional duty (5, 6). PART 2 If am charged with meeting the menstruation-related needs and problems of adolescent girls in my district, I will mainly focus on the following, strengthening methods of transmitting information and knowledge on menstruation, improving sanitary facilities and starting a dialogue between the community and the government on