Prof Danie Brand | The meaning of human rights in our democracy
EFF party leader Julius Malema protests on stage as President Cyril Ramaphosa attempts to deliver his address.What does it mean to say one has a right to something, such as access to housing or to protest or to a property? What are human rights? What do they ‘do’?
If the right was proved in this way, the remedy of exclusion through eviction followed automatically – the court had to grant the eviction order.A more recent example of this view was on display in how members of Parliament complained about their removal from the house when they attempted to shut down the president’s state of the nation address through protest action.
With this view of rights, a right bestows on its holders a sphere of absolute inviolability – an abstract space within which they can do what the right entitles them to do , subject to nothing and no one else, with no limitations. Whenever we seek to exercise one of our human rights, its precise contours and limits must be determined in light of the circumstances prevailing at the time we seek to exercise it;
Landowners no longer have absolute, exclusive control over their land that simply arises from the fact that they have the right to ownership.
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