Human Rights In South Africa Essay

Since the establishment of the 1948 Universal Declaration on Human Rights, human rights have been the dominant overarching framework to understanding what interests people are entitled to and are able to possess in order to live decent human lives. Embedded in constitutions, international treaties ratified by numerous states, and guidance of non-governmental organizations, the globalization of human rights has been a major focus for numerous countries around the world. However, the problem is that human rights are often formulated by dominating powers, leading to the homogenization of culture, leaving out pivotal elements necessary to protecting the rights of all. Due to this, some question if it is even possible to create a universal human

Other times they will incorporate differentiating cultural approaches into a decision, making it more fair and accepting for all. When explicitly looking at the case of Prince v The Law Society of the Cape of Good Hope, the High Court decided to focus on prioritizing rights. Although this is can be an effective way for courts to come to a fair decision on human rights, I believe the South African court wrongly prioritized constitutional law over religious freedoms. While I agree that public safety and the overall well-being of society is a pressing governmental issue, human rights should be treated on basis of fact rather than opinion and in cases where these are the deciding factors, that an individual’s personal freedoms should take priority if there is no evidence that the opposite will have detrimental effects. Also, specifically when talking about this case, it is impossible to not mention the Court’s blatant disregard of South Africa’s Constitution and the sections regarding religious freedoms. Even if they believed that the Drug Act still ranked higher than personal freedoms, it would have been appropriate to at least mention the freedoms they were taking from Prince. Even better, the Court should have incorporated the use of cannabis for religious purposes into the Drug Act, seeing as they provided regulations and provisions for the legal use in order to maintain public health, safety, and overall well-being. While I know the circumstances of the case are difficult to reason through and come to a decision on, through the better prioritization of rights and incorporation of cultures, I believe the Court could have come to an overall fairer and more inclusive decision for not only Prince, but others in his