Human rights are a vital part of everyone’s lives. They are rights that you, and everyone else, have, just because we are human. In South Africa, the Constitution protects the rights of everyone in South Africa – the Bill of Rights, found at Section Two of the Constitution, contains these right. It is important to know about the Bill of Rights because it protects your civil, political and socio-economic rights – so all the rights that will affect you in your normal day-to-day living.

The Bill of Rights protects “all people in our country”, this means that it applies to everyone in South Africa, even if they aren’t citizens. The Bill of Rights also makes it clear that the state (everyone in the government) has to listen to the Bill of Rights.

The thing is… the Bill of Rights is long! And although everyone should read the whole thing at some point, it can be a little difficult to understand. So, to help you out we’ve put together a list of 10 important rights that you need to know about from the Bill of Rights. This simple summary will give you a jump start to know your rights and the rights of others – cool hey?!

Here is a list of 10 important rights you have and need to know about:

1) Equality

The right to equality is the very first right listed in the Bill of Rights. Section 9 of the Constitution says, “everyone is equal before the law and has the right to equal protection and benefit of the law.”

Our Constitution is also really amazing because it states that no one can discriminate against someone because of their “race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.” So whether you are white or black, straight, gay or non-gender specific, young or old, Muslim, Christian, Hindu, Agnostic, or anything else in between, we are all seen as equal and we all have equal rights. But equality in the Constitution goes even further than this! It recognises that because of discrimination and injustice in the past, our society is unequal, and our society needs to fix this. So, if a person or group was discriminated against in the past, the state can treat them differently, to try and ensure that we have a more equal society in the future.

2) Human dignity

Everyone who is a human being is worthy of honour and respect. Under the Bill of Rights everyone in South Africa has the right to have their dignity respected and protected. The right to dignity strengthens and supports many of the other rights in the Constitution. For example; it would be difficult for anyone to live a dignified life without being able to have food or water – this shows how the right to food and water is linked to the right to dignity.

3) Freedom and security of the person

This is a very lawyery way of saying that everyone has the right not to be arrested for no reason, and no one can be tortured or treated inhumanly. It also means that everyone should be free from all forms of violence, no matter where they go.

If you think your right to freedom is being broken at any point you can take action – find out how here.

4) Freedom of religion

“Everyone has the right to freedom of conscience, religion, thought, belief and opinion.” This means that you can believe whatever you want – and it also means that you should respect the right of everyone else to believe what they want.

5) Freedom of expression

Your voice and your opinion matters. And the Bill of Rights recognises this. Under this right, you have the right to say what you want, as long as it isn’t something that undermines or challenges other people’s rights. Another important part of this right is that it protects media freedom. This is important because it means that the press and media are not independent, and not controlled by the government, and have the right to report the news the way they think best.

6) Housing

Everyone living in South Africa has the right of access to housing. This means you have the right to a roof over your head and it is the state’s (Government’s) job to make sure that everyone can access their right. But the right also recognises that providing everyone with access to housing is expensive and, so, instead of requiring the state to provide housing to everyone immediately, the Constitution requires that the State provide more and more people with housing each year, until everyone can access their right.

This right is also important because it says that no one can evict you or take away your house without the court saying so.

If you, or someone you know, is being threatened with eviction, and you think that the eviction is unlawful, there are organisations that can help you. Find out more here.

7) Health care, food, water, social security

Laid out very clearly in Section 27 of the Constitution is a series of rights regarding health. You have the right to health care, which includes reproductive health care, including access to contraception. But, like the right of access to housing, this right must be progressively realised, instead of immediately realised. This means that, over time, everyone should be able to access their right to healthcare, even if they can’t right now. However, everyone has the right to claim emergency health care immediately, and must be able to see a doctor or get emergency medical attention when you need to. Under this right you also have the right to food and water.

8) Children

Under the Bill of Rights, children (anyone under the age of 18) have special rights. These rights are laid out in Section 28 of the Constitution and view children’s best interests as very, very important.

The special rights for children include:

• The right to a name and a nationality from birth.
• The right to a family or someone to look after the child.
• The right to food, shelter, health care and social services.
• The right to be protected from maltreatment, neglect, abuse or degradation – this one is especially important!
• The right to not be forced to work.
• The right not to do any work that isn’t appropriate for their age, and that would place a “child’s well-being, education, physical or mental health or spiritual, moral or social development.”
• The right to not be detained (put in jail) or not be detained for a long time. If a child is detained then they have the right to be kept separate from people over the age of 18.
• “To have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result.”
• The right “not to be used directly in armed conflict, and to be protected in times of armed conflict.”

Remember these rights – they are very important and can make a big difference to your life. If you are under 18, and you think your rights aren’t being respected

9) Education

“Everyone has the right to a basic education, including adult basic education; and to further education, which the state, through reasonable measures, must make progressively available and accessible.” – Section 29 South African Constitution #enoughsaid

Education is important and we all have the right to learn more so that we can progress in life. If you think that the facilities at your school, or the level of education you are receiving is substandard, there are organisations that can help you to claim your right.

10) There are 18 other rights listed in the Bill of Rights that can help you lead a dignified life, you can read more about all of these rights here. 

If you think anyone is breaking any of your rights you can stop them! Take action now.

The post The Bill of Rights – important rights appeared first on Keep It Constitutional.

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What is Keep It Constitutional?

Keep it Constitutional is a campaign that wants to help everyone in South Africa, but particularly learners, learn about their constitutional rights. The campaign will help people to understand the rights in the Constitution and why the Constitution is important in South African society, by providing information through animated episodes, regular blog posts, and social media content.

The campaign is run by the Foundation for Human Rights, and supported by the Department of Justice and Constitutional Development and the European Union.

Why is the Keep It Constitutional campaign important?

Most people in South Africa don’t know their rights – in fact, a recent study found that nearly 50% of South Africans didn’t even know about the Constitution, which gives people in South Africa rights. If people don’t know about their rights, they are vulnerable to abuse. The Keep It Constitutional campaign wants to help people claim their rights, and to protect themselves from abuse.

ABOUT SOUTH AFRICA’S CONSTITUTION

What is the Constitution?

The Constitution is the foundation of all of the laws in South Africa. It contains rights available to all South Africans. Everyone in South Africa, including the most powerful people in the country, has to obey the Constitution. The government is also bound by the Constitution. You can learn more about the basics of the Constitution here.

Why is it important?

The Constitution is important for a lot of reasons. It is the highest law in South Africa, and all of the other laws in South Africa. It also tells us about the country that South Africa wants to be – a country based on dignity, equality and freedom, which are the foundational rights. It contains rights that help people to live dignified lives, and to hold other people, companies, and even the government, to account.

What rights are in the Constitution?

The Constitution contains a number of rights, including the right to life, the right to equality, the right to dignity. To read about the rights in the Constitution in more detail, click here.

HOW TO FIND LEGAL ASSISTANCE

There are lots of organisations in South Africa that help people to protect their rights. We have provided information about how to contact some of them here.

FOR TEACHERS AND LEADERS OF COMMUNITY GROUPS

What resources are available for teachers or leaders of community groups?

Many of the Keep It Constitutional resources can be downloaded, for teachers and community leaders to use in their classes or in their organisations. The resources available include the animated episodes, podcasts, and lesson plans. Teachers and leaders can use the lesson plans as a way to provide their learners or group members with information and exercises that provide the learners with additional information about various elements of the Constitution and South Africa’s constitutional democracy.

How can I use Keep It Constitutional in my classroom?

You can screen the Keep It Constitutional animated episodes or play the podcast to your learners. You can use the lesson plans, or adapt them to fit your own teaching style.

You can also tell your learners about Keep It Constitutional’s social media campaigns, which will provide new content about the Constitution on a regular bases.

HOW TO CONTACT KEEP IT CONSTITUTIONAL

You can find all our contact information here.

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What if I have a question?

You can send us your questions via WhatsApp on +27 76 176 0831 or on Facebook.

Every Tuesday between 16:00-16:30 we will answer questions about the South African Constitution and your rights.

Every Thursday between 16:00-16:30 we will answer questions about the episode that was released on Monday.

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What is the Keep it Constitutional WhatsApp number?

Our number is +27 76 176 0831 – please save it to your contact list!

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Why do I need to add the number to my address book?

You need to add the Keep it Constitutional number to your address book in order to receive messages from us.  We are using WhatsApp for Business and we are unable to send messages to a user unless they have saved our number. This prevents businesses from sending messages and spam to people that haven’t signed up to receive messages from them.

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