JLO210- Lecture 8- Human Rights (2).pptx

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1. 1 UNIVERSITY OF PRETORIA JLO 210 Unit 7: Human Rights [email protected] Department of Humanities Education

2. 2 Learning Outcomes To define Human Rights. To define and understand the term Democracy. To know and understand the rights that are entrenched in the Bill of Rights and why they are protected.

3. Human Rights in South Africa For many years Apartheid took away the human rights of most people living in South Africa. Most people did not have a say in how they were governed or who governed them. Things began to change in 1994 when South Africa moved towards democracy. There was the first general election in which everyone could vote. Then, in 1996, the SA Constitution was drawn up. The Constitution became the highest law of South Africa. The Constitution is in place to control the power and authority of the Government. It is an attempt to represent the needs and interests of everyone . 3

4. Human Rights in South Africa Our Constitution thus guarantees certain rights to us as citizens. These are rights that the Government must respect in its relations with citizens. The Constitution works to protect these rights. A Constitution often contains a Bill of Rights that sets out what the fundamental human rights are. The Bill of Rights is that part of a Constitution that makes it law for a Government to protect the human rights of its citizens. The Bill of Rights gives the citizens of a country rights that cannot be taken away. 4 This Photo by Unknown Author is licensed under CC BY-SA

5. The Main Features and Importance of the Constitution The highest law of the land Structures and limits government power Contains the social values Contains the rights and responsibilities of citizens in a Bill of Rights Aims, as the highest law, to limit government power so as to protect the rights of citizens and promote democratic values in our society 5 This Photo by Unknown Author is licensed under CC BY

6. What is Democracy? A form of government where people have the authority to choose their governing legislators A form of government that gives the people of a country power to decide how they want to be governed. Democracy is a way of organising the government of a country so that the citizens of that country have a say in how they are governed. 6 This Photo by Unknown Author is licensed under CC BY

7. What are Human Rights? Moral principles or norms for certain standards of human behaviour and are regularly protected in the laws of a country. A human right thus has implications for how you, and for how other people, can act. It prescribes how you and other people can act about the thing that you have a right to Human rights theory is a moral theory as well as a code of conduct. It tells us what needs to be achieved and protected for a human’s life to be a decent human life . It is not the only theory of morality or the only code of conduct for how humans should live their lives, but it is the one on which the Bill of Rights is based. 7

8. What are Human Rights? Human rights are rights that everyone should have simply because they are human. In 1948, the United Nations defined 30 articles of human rights in the Universal Declaration of Human Rights. It established universal human rights based on humanity, freedom, justice, and peace. Human rights are universal. They are rights that all human beings have just by virtue of being human. 8

9. What are Human Rights? 9 This Photo by Unknown Author is licensed under CCBY-NC This Photo by Unknown Author is licensed under CC BY

10. What is the Purpose of Humans Rights? To help give you a decent standard of life. The aim of protecting human rights is to achieve a decent quality of life. Another aim of Human Rights in practice is to prevent tyranny or Government abuse of power On the other hand, human rights are supposed to stop others, especially governments, from treating you badly and taking away your decent quality of life. 10

11. B asic H uman R ights: Which Rights does the Bill of Rights protect? Categories Civil and Political Social and Economic Environmental, Cultural and Development 11

12. B asic H uman R ights: Which Rights does the Bill of Rights protect? Civil and Political Rights Every citizen has the right to form a political party; to participate in the activities of, or recruit members for a political party and to campaign for a political party or cause. Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution and every adult citizen has the right ­to vote in elections for any political party, and to do so in secret. Every citizen can stand for public office and, if elected, to hold office. These rights are often called ‘liberty [freedom] rights’ or ‘first generation rights’. They give people the freedom to think and have access to information, the freedom to act and to choose what to do, and the freedom to join in the political life of their community and society. These are rights that are about protecting your liberty to live your life as you choose, and to have some say in how your life is governed. 12

13. Civil and Political Rights The right to equality This right is the most violated one in South Africa, according to a 2017 report by the South African Human Rights Commission. The right states that everyone is equal and must be treated equally. No one has the right to discriminate against you based on your race, gender, sex, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth among others. But it does mean that we all deserve the rights and freedoms in the Bill of Rights equally. We also deserve equal treatment from the law. All of us should get the same protection and benefit from the law. The Government may not treat us unequally, or unfairly discriminate against anyone, based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation [heterosexual or homosexual], age, disability, religion, conscience, belief, culture, language or birth. No matter who you are, you have the right to the kind of treatment appropriate for a human being. 13

14. Civil and Political Rights   Human dignity Everyone has inherent dignity and the right to have their dignity respected. Everyone has the right to have this worth respected and protected. The state cannot treat you in a way that undermines or destroys your worth Life Everyone has a right to life and nobody, not even the state, has the right to take a life. This means that no person can be sentenced to death by the courts. 14

15. Civil and Political Rights Freedom and security This means that no one can be put in prison without good reason; be detained without trial; be tortured in any way or be treated or punished in a cruel, inhuman or degrading way. It means that all humans have a right to be free from all forms of violence from either public or private sources. Arrested, detained and accused persons Any arrested person has a right to a lawyer and cannot be forced to speak or to make a confession. Prisoners must be kept in proper living conditions and may have visits from family members. This right aims to make sure that your freedom is not taken away from you unless for very good reasons. This right also means to protect you from violence or physical harm like torture. This right protects your bodily and psychological integrity. This means that no one else is allowed to have control over your body or your mind. For example; no doctor can use you for a medical experiment unless you agree to it. 15

16. Civil and Political Rights Personal privacy No one, not even the government, has the right to search your house or property or even have your possessions seized without following the correct legal channels. The government cannot infringe on the privacy of your communication -  this includes opening your mails or listening to your phone calls. Everyone has the right to privacy. This means that you have the right to keep certain parts of your life away from the state or the general public. For example, no one can come into your home if you do not want them to, and no one is allowed to listen in on your telephone conversations or read your letters without your permission. 16

17. Civil and Political Rights Freedom of Expression South Africans have the freedom to say, write or print what they want, but this right must never violate anyone else’s right or break the law in any way. No state can tell you what you can and cannot say or write or make. You have the freedom to receive and impart ideas and information Freedom of Association Everyone has the right to associate with anyone they want to associate with. This means people have a right to associate with a trade union, a political party, or any other club or association, including religious denominations and organisations, fraternities, and sports clubs. In other words, what this right means is that you can choose who you associate with, or spend time with. The state cannot, for example, stop you from spending time with people who share the same political views as you, even if they are not the political views of the state. 17

18. Civil and Political Rights Citizenship No one’s South African citizenship can ever be taken away from them. Every citizen of South Africa has a right to that citizenship. Slavery, servitude and forced labour You have a right to choose who you want to work for and the kind of work you do, and you must be paid for your work. No one can be forced to work for someone else. No one has the right to deprive you of your freedom and force you to work for him or her. To do that would be to treat you as a useful thing rather than as a human being. 18

19. Civil and Political Rights Freedom of movement and residence You have the right to choose where you want to live and the right to move around the country as you wish. You also have a right to travel outside of the country if you want to. Property You have a right to own property. Again, this does not mean that the state must give you property. This right means that no one can take your property away from you, except if they are legally justified in doing so. 19

20. Socio-Economic Rights These rights are concerned with your welfare in society. They aim to give people social, economic and cultural security. These rights provide people with protection against having basic things in life taken away, such as food, shelter and health care. The government is committed to providing for peoples’ socio-economic rights, although it cannot afford to do so all at once. 20

21. Socio-Economic Rights Housing Everyone has the right to have access to adequate housing. The government cannot take your house away from you or evict you from your home if you own it. Health care, food, water and social security Everyone has the right to medical help when sick. This also helps to achieve a certain quality of life. Everyone has the right to medical help in an emergency – when they might die if they do not get help. No one can live without food and water. Access to enough food and water is thus an essential feature of human life. The right to social security means that if you cannot support yourself or those dependent on you, the state should give you some assistance. If you are retired, for example, and you no longer earn enough money to support yourself, the state should provide you with a pension to help you do this. 21

22. Socio-Economic Rights Children All children have the right to parental care, shelter, and food. Children may not be neglected or abused or forced to work.  A person who is under eighteen years old has special rights. Children, especially if very young, are unable to care for themselves. They need care to be able to live a minimally good life. The Bill of Rights thus sets out all the kinds of care that children have a right to. For example, a child has a right to be cared for by a family or to be given appropriate alternative care if her family cannot care for her. She has a right to be fed and to be protected from abuse. She has a right not to work if that work is inappropriate for her age or harmful to her. 22

23. Socio-Economic Rights Education Everyone has the right ­to a basic education, including adult basic education; and to further education. Everyone has a right to both basic and further education. No one can stop you from receiving an education if it is available to you. The state has promised to work to make further education more available and accessible to all citizens. Healthcare, food, water and social services Everyone has the right to have access to health care services, including reproductive health care; sufficient food and water; and social security, including, if they are unable to support themselves and their dependents, appropriate social assistance. 23

24. Environment, Cultural and Developmental Rights Environment This right concerns the natural environment around us: the air, water, land, animals and plants You have a right to an environment that does not harm you. For example, you have a right to breathe air that is not polluted and that does not make you sick We also have the right to have the natural environment conserved and protected so that future generations will also be able to benefit from it 24 This Photo by Unknown Author is licensed under CC BY-NC-ND

25. Environment, Cultural and Developmental Rights Cultural, religious and linguistic communities The Bill of Rights guarantees that the state will not prevent people from forming or enjoying communities or groups organised around a particular religion, language or culture. 25 This Photo by Unknown Author is licensed under CC BY-NC-ND

26. Human Rights and Values A value is something that is judged important. A value is also something that is desirable – you aim to achieve it or protect it. Human rights are one example of moral values. They recognise features of human beings, features that we all have just by being human. These features are taken to be essential to us living minimally good human lives. That recognition involves respecting human rights – using them as a standard of how people can and cannot be treated 26

27. Social Values and the Rights and Responsibilities of Citizens A Constitution is also a statement of the most important values and principles of a society For example, in the preamble, it states that our Constitution aim s to help establish a society based on democratic values, social justice and fundamental human rights. The most important values that form the foundation for democracy are Respect and Tolerance . These two values form the foundation for other important values of the Constitution The value of respect underlies acknowledging the importance of human dignity [the worth or value that all humans have], the achievement of equality and the promotion of human rights and freedom. Respect also underlies the values of non-racialism and non-sexism Respecting human beings also means respecting their human rights dignity and equality. 27

28. Social Values and the Rights and Responsibilities of Citizens These social values and rights are not only the Government’s responsibility in its relations with citizens but also the citizens’ responsibility in their relations with each other. If a democracy is to work, these values have to be a part of society as a whole. And that means that all members of society need to acknowledge these values in their relations with other citizens. A Constitution does not only set out how the Government should not act. It also contains how the government should act: It gives the Government the social values on which society must be built. 28

29. Pictures Disclaimer All pictures have been sourced from online platform: This Photo by Unknown Author is licensed under CC BY-NC-ND 29