Important Rights

Question 1

What right is almost inextricably linked to most if not all other rights protected?

Answer 1

The right to Human Dignity

Question 2

What does section 10 of the Constitution state?

Answer 2

Everyone possesses inherent human dignity and has the right to have their dignity protected.

Question 3

What is inherent dignity?

Answer 3

One has dignity just because one is human - it is a characteristic that cannot be separated from humanity

Question 4

What is one of the most important considerations to wether a right should be limited?

Answer 4

Dignity

Question 5

When interpreting the Bill of Rights, what must the interpretation be in accordance with?

Answer 5

An open and democratic society based on human dignity, equality and freedom.

Question 6

What important right is found in section 11?

Answer 6

Everyone has the right to life - The right to life

Question 7

What right is the closest to being absolute?

Answer 7

The right to life

Question 8

What important case dealt with the right to life?

Answer 8

S v Makwanyane/ the Death Penalty case

Question 9

What was established in the case?

Answer 9

1.The court found that we can never be 100% sure of guilt and that the investigation, prosecution, the defence, the judge’s decision etc will result in the correct outcome

2The court also noted that the Constitution does not qualify the right to life and that is quite significant in considering the importance of this right

3) After much consultation and reflection the court decided that the death penalty
is a cruel punishment and is not fit for humans. In fact it destroyed human dignity – see the link here between dignity and the right to life

4) As to any limitations that could be imposed on the right to life, because the right is not qualified at all in the Constitution, the court would not consider a limitation on this right in the form of the death penalty as justifiable

Question 10

What section in the Constitution supports the right to freedom of religion?

Answer 10

Section 15 - states: everyone has the right to freedom of conscience, religion, thought, belief and opinion.

Question 11

Explain why there is a direct link between the practice of one’s religion and dignity.

Answer 11

Many peoples beliefs are directly linked to how they identify themselves, and may also influence their morals and everyday living.

Question 12

What section in the constitution includes the right to practice religion as a community?

Answer 12

Section 31