Fur2601 - Assignment 2

674 Words3 Pages
Discuss the following statement with reference to case law: “Human dignity is not only a justifiable and enforceable right that must be respected and protected; it is also a value that informs the interpretation of possibly all other fundamental rights and is of central significance in the limitations enquiry.” ______________________________ Human Dignity is a value that is respected and protected by all human beings, besides it being a right or being considered by law. It is a worth that every human subconsciously has. In the new constitution, dignity is highly regarded, and been put on a platform, whereby every being can feel insured. In this article, Human Dignity will be thoroughly discussed with reference to case law. A few examples and quotes will be given to simplify it more for the reader. First and foremost, in the constitution; Section 1(a) reads that; The Republic of South Africa is one, sovereign, democratic state founded on “Human dignity, the achievement of equality and the advancement of human rights and freedoms”. In another constitutional provision, Section 10; reads that “everyone has inherent dignity and the right to have their dignity respected and protected.” Section 37 (Table of Non-Derogable Rights) proclaims that Human Dignity is protected “Entirely” by the constitution. With all these laws, it is clear that The Republic of South Africa grounds itself firmly on the basis of Dignity. The constitution clearly implies that it recognizes, protects and stands for human dignity; irrespective of gender, religion, race, or any other characteristic that can be discriminated against. The whole constitution was built from the root of dignity, which is why it is easier for people to act upon their rights when they feel publicly humiliated, pushed down or any other way in relation to human dignity. In S v Makwanyane, paragraph 144, the Court
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