![]() ![]() No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). ![]() The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. May develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).Ī juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.Įveryone is equal before the law and has the right to equal protection and benefit of the law.Įquality includes the full and equal enjoyment of all rights and freedoms. In order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right and When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court  The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.Ī provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill. ![]() The state must respect, protect, promote and fulfil the rights in the Bill of Rights. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. This Bill of Rights is a cornerstone of democracy in South Africa. Cultural, Religious and Linguistic Communities Health Care, Food Water and Social Security Freedom of Trade, Occupation and Profession Assembly, Demonstration, Picket and Petition By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the “Bill of Rights. On October 2, 1789, President Washington sent copies of the 12 amendments adopted by Congress to the states. ![]() A joint House and Senate Conference Committee settled remaining disagreements in September. The Senate changed the joint resolution to consist of 12 amendments. The House passed a joint resolution containing 17 amendments based on Madison’s proposal. Madison had come to appreciate the importance voters attached to these protections, the role that enshrining them in the Constitution could have in educating people about their rights, and the chance that adding them might prevent its opponents from making more drastic changes to it. But James Madison, once the most vocal opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789, and “hounded his colleagues relentlessly” to secure its passage. Introducing the Bill of Rights in the First Congressįew members of the First Congress wanted to make amending the new Constitution a priority. James Madison and other supporters of the Constitution argued that a bill of rights wasn't necessary because - “the government can only exert the powers specified by the Constitution.” But they agreed to consider adding amendments when ratification was in danger in the key state of Massachusetts. Mason was one of three delegates present on the final day of the convention who refused to sign the Constitution because it lacked a bill of rights. Many Americans, persuaded by a pamphlet written by George Mason, opposed the new government. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government. The amendments James Madison proposed were designed to win support in both houses of Congress and the states. The Bill of Rights: How Did it Happen? Writing the Bill of Rights ![]()
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