Human Rights and Constitutionalism: An Overview for Students
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15 cards
Question: What are first-generation (blue) rights and give examples?
Answer: Political or individual rights such as right to life, freedom of speech, religion, association and assembly. They are the oldest (18th century), are a
Question: How are first-generation rights described in relation to the state?
Answer: They provide a shield for individuals against state authority and guarantee freedom from unlawful interference by the state.
Question: What are second-generation (red) rights and give examples?
Answer: Socio-economic rights such as the right to housing, health, education and labour rights. They became important after World War II and are justiciable
Question: How do second-generation rights differ from first-generation rights in terms of state action?
Answer: Second-generation rights require the state to take positive action and are described as giving the individual a 'sword' against the state.
Question: What are third-generation (green) rights and give examples?
Answer: Collective/group rights such as the right to a healthy/clean environment, the right to peace, and rights to development and self-determination. They r
Question: Why are rights not absolute? Provide an example from the content.
Answer: Rights can conflict and must be weighed against each other; e.g., a mother's right to bodily integrity (s12(2)(a)) versus a foetus’ right to life (s11
Question: What is an internal restriction of a right and give the example provided?
Answer: A limitation contained within the formulation of a right itself. Example: section 9(3) internal restriction on unfair discrimination.
Question: How can states of emergency affect rights?
Answer: Under section 37, states of emergency may be declared (subject to requirements), allowing suspension of some rights (e.g., during COVID‑19 lockdowns).
Question: What is the limitations clause and where is it found?
Answer: Section 36 of the Constitution; it allows rights to be limited provided the limitation meets certain criteria.
Question: What three requirements must a limitation meet under the limitations clause?
Answer: The limitation must be in the form of a law that is generally applicable, and it must be reasonable and justifiable (assessed using a proportionality/