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Disability Equity Management

Introduction Session 2


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The Constitution


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s2 Supremacy of the Constitution

The Constitution is the supreme law

of the Republic; law or conductinconsistent with it is invalid, and theobligations imposed by it must be

fulfilled

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s6 Languages

3) (a) The national government andprovincial government may use any particularofficial languages for the purposes of

government, taking into account usage,practicality, expense, regional circumstancesand the balance of needs and preferences ofthe population as a whole or in the province

concerned; but the national government mustuse at least to official languages.

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Chapter 2: BILL of RIGHTS

7 Rights

8 Application

9 Equality

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s7 Rights

(1) This Bill of Rights is a cornerstone ofdemocracy in SA. It enshrines the rights

of all people in our country and affirmsthe democratic values of humandignity, equality and freedom.

(2) The state must respect, protect, promoteand fulfill the rights in the Bill of Rights.

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s7 Limitation of Rights

(3) The rights in the Bill of Rights

are subject to the limitationscontained or referred to insection 36, or elsewhere in the

Bill.

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s 36(1) How the Limitations Clause

is Interpreted(3The rights in the Bill of Rights may be limitedonly in terms of law of general application tothe extent that the limitation is

- reasonable and

- justifiable

in an open and democratic society based onhuman dignity, equality and freedom, takinginto account all relevant factors, including

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s 36(1) How the Limitations Clause isInterpreted: Factors To Take Into Account

(a) t he nature of the right

(b) the importance of the purpose of the

limitation(c) t he nature and extent of the limitation

(d) the relation between the limitation and itspurpose, and

(e) less restrictive means to achieve thepurpose

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s8 Application

(1) The Bill of Rights applies to all law, and binds thelegislature, the executive, the judiciary and allorgans of state.

(2) A provision of the Bill of Rights binds a natural or ajuristic person if, and to the extent that, it isapplicable, taking into account

- the nature of the right and

- the nature of any duty imposed by the right.

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s8 Application

(1) When applying a provision of the Bill ofRights to a natural or juristic person in

terms of subsection (2), a court -(a) in order to give effect to a right in the Bill, mustapply, or if necessary develop, the common lawto the extent that legislation does not giveeffect to that right; and

(b) may develop rules of the common law to limitthe right, provided that the limitation is inaccordance with section 36(1).

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s9 Equality

(3) The state may not unfairly discriminatedirectly or indirectly against anyone on one

or more grounds, includingrace, gender, sex, pregnancy, maritalstatus, ethnic or social origin, colour,sexual orientation, age, disability,

religion, conscience, belief, culture,language, birth

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s9 The Prohibited Grounds

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RaceGenderSexPregnancymarital statusethnic or social originColour

Sexual orientationAge

DisabilityReligionConscienceBeliefCultureLanguageBirth


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s9 Equality: Personal Prohibition

(4) No person may unfairly discriminatedirectly or indirectly against anyone onone or more grounds in terms ofsubsection (3).

National legislation must be enacted to

prevent or prohibit unfairdiscrimination.

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s9 Equality: Presumption of

Unfairness

5) Discrimination on one or more

of the grounds listed insubsection (3) is unfairunless it is established that

the discrimination is fair.

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Sections 10 to 16 (of 35)

FUNDAMENTAL RIGH

TS

10 Human dignity

11 Life

12 Freedom and security of the person13 Slavery, servitude and forced labor

14 Privacy

15 Freedom of religion, belief andopinion

16 Freedom of expression

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s10 Human Dignity

Everyone has inherent dignity and theright to have their dignity

- respected

and

- protected.

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s11 Life

Everyone has the right tolife.

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s12 Freedom and Security of the

Person [1/2] Everyone has inherent dignity and the

right to have their dignity

- respected

and

- protected.

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s12 Freedom and Security ofthe Person [1/2]

(1) Everyone has the right to freedom and security ofthe person, which includes the right -

(a) not to be deprived of freedom arbitrarily or without just

cause;

(b) not to be detained without trial;

(c) to be free from all forms of violence from either public orprivate sources;

(d) not to be tortured in any way; and

(e) not to be treated ort punished in a cruel, inhuman ordegrading way.

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(1) Everyone has the right to freedom and security ofthe person, which includes the right -

(a) not to be deprived of freedom arbitrarily or without just

cause;

(b) not to be detained without trial;

(c) to be free from all forms of violence from either public orprivate sources;

(d) not to be tortured in any way; and

(e) not to be treated ort punished in a cruel, inhuman ordegrading way.

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2) everyone has the right to bodily andpsychological integrity, which includes theright -

(a) to make decisions concerningreproduction;

(b) to security in and control over their body;and

(c) not to be subjected to medical or scientificexperiments without their informedconsent.

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s13 Slavery, Servitude andForced Labour

No one may be

subjected to slavery,servitude or forced

labour.

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s15 Freedom of religion, belief andopinion

1) Everyone has the right to freedom ofconscience, religion, thought, belief andopinion.

(2) Religious observances may be conducted atstate or state-aided institutions, providedthat -

(a) those observances follow rules made by t

heappropriate public authorities;

(b) they are conducted on an equitable basis;

(c) attendance at them is free and voluntary.

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1/19/2011Page 27

Reflection


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Is the statement below correct?

A. True

B. False

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The Constitution isthe supreme law ofthe country. Alllegislation andimportant decisions

are tested againstthe principles in theConstitution.


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What is the missing word?

A. Democracy

B. Equality

C. Non discrimination

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This Bill of Rights is a

cornerstone ofdemocracy in SA. Itenshrines the rightsof all people in ourcountry and affirms

the democratic valuesof human dignity, and freedom.


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