Know Your Rights – Focus on Right to Life
All rights contained in the Bill of Rights are important but, the one which is of most importance to every individual, is that of the Right to Life.
This right is important by virtue of its very nature, contained in section 11, it reads as follows: “Everyone has the right to life.”
Section 11 is the very section which gives rise to the act of murder being categorised as a crime in South Africa as nobody has the right to take another’s life in an unlawful manner.
In the case of S v Makwanyane, the importance of the Right to Life was showcased and had placed South Africa on an “Ethical Pedestal” in the international community, when the Judge in the matter ruled that the death penalty was unconstitutional.
This judgement is in line with the new democratic era in which South Africa finds itself today.
A question which may come to mind when one considers one’s right to life is who has a duty to protect and preserve one’s life.
The court in Carmichele v Minister of Safety and Security held that the State has a positive duty to protect a person whose life is at risk from the criminal conduct of another person. Thus, the State has an obligation to exercise all possible avenues in the protection of a person’s life.
The right to life has application with regards to abortion taking into account both the life of the foetus as well as the impact it has on the life of the expectant mother.
In terms of the Constitution everyone has the right to bodily and psychological integrity which encompasses a mother’s right to make a decision regarding her reproduction.
The right to life is not applicable to a foetus as in South African law the moment of life being at the very time the baby takes its first breath.
However, this does not mean that the foetus that becomes the baby does not have any rights at all as the child may claim damages from any harm caused while in the womb provided that the child is born alive.
Compiled by Jula Mabena – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
Great article…