Coronavirus casts dark shadow over FreedomDay celebrations
could well give rise to constitutional litigation if the regulations that give effect to it are either unclear or unfair.If there is a big surge in COVID-19 infections and illness, then the right to access to health care would be relevant in ensuring that everyone gets the treatment that they need to recover from the virus., it will be worth remembering that the constraints on freedom were and remain justifiable on this ground alone.
The socio-economic impact of COVID-19 will be deep and could denude many people of their right to human dignity and substantive equality. That impact, in itself, undermines the notion ofthat underpins South Africa’s constitutional settlement and the concept of freedom hinged with equality and human dignity that the Constitution articulates.
They are not alone. Throughout the world, billions of people are having to adjust to a “new normal”. For how long, and to what extent, civil liberties should be limited or suspended will depend in large measure on the future trajectory of the coronavirus.
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