Human Rights Quiz
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Questions and Answers

What distinguishes human rights from privileges?

  • Human rights are given by the state.
  • Human rights are inalienable and not earned. (correct)
  • Human rights can only be enforced through social contracts.
  • Human rights can be taken away under any circumstance.

Which statement best describes the universality of human rights?

  • Human rights are recognized and protected in many constitutions around the world. (correct)
  • Human rights are uniform across all cultures without variation.
  • Human rights are only applicable in democratic nations.
  • Human rights are primarily concerned with economic privileges.

What is an important implication of the idea that human rights are not absolute?

  • They can be revoked by any agreement.
  • They must be balanced against other rights and the public interest. (correct)
  • They can be ignored entirely when necessary.
  • They only apply during times of conflict.

How has the role of international institutions changed regarding human rights?

<p>They have become subjects of international concern and law. (A)</p> Signup and view all the answers

Why can the enforcement of human rights vary between cultures?

<p>Cultural interpretations of rights can change over generations. (D)</p> Signup and view all the answers

Which of the following rights is often included in discussions of fundamental human rights?

<p>The right to equality before the law. (A)</p> Signup and view all the answers

What is a fundamental characteristic of human rights?

<p>They are enforceable entitlements. (C)</p> Signup and view all the answers

Which explanation best describes why the concept of human rights has become central to law and politics?

<p>Human rights ensure that the state does not infringe on personal entitlements. (A)</p> Signup and view all the answers

What is the primary focus of the module described?

<p>The protection and enforcement of fundamental rights (B)</p> Signup and view all the answers

Which chapters of the recommended textbook must be studied?

<p>Chapters 1 to 10 and chapter 26 (D)</p> Signup and view all the answers

What principle must be explained regarding fundamental rights litigation?

<p>The procedures for enforcing fundamental rights (D)</p> Signup and view all the answers

What should a student be able to do upon completing the module?

<p>Identify and solve fundamental rights problems (A)</p> Signup and view all the answers

Which of the following is not a prescribed requirement for studying the chapters?

<p>Studying every chapter in the textbook thoroughly (C)</p> Signup and view all the answers

What is the significance of the Bill of Rights in this course?

<p>It is the foundation for understanding constitutional law (C)</p> Signup and view all the answers

Which chapter of the South African Constitution deals with fundamental rights?

<p>Chapter 2 (B)</p> Signup and view all the answers

What is stated about the chapters focusing on specific rights such as privacy and freedom of expression?

<p>They may feature in problem-type questions (D)</p> Signup and view all the answers

What does section 9(1) of the Constitution provide protection against?

<p>Unfair discrimination on the grounds of language (A)</p> Signup and view all the answers

Which section of the Constitution allows individuals to use their own language?

<p>Section 30 (C)</p> Signup and view all the answers

What is necessary for the University of Gauteng to be bound by the Bill of Rights?

<p>The nature of the right and related duties must be relevant. (A)</p> Signup and view all the answers

What is the first question in the procedural stage of fundamental rights litigation?

<p>Does the Bill of Rights apply to this dispute? (A)</p> Signup and view all the answers

During which stage of litigation do merits of the issue become relevant?

<p>The merits are never relevant (D)</p> Signup and view all the answers

Who is entitled to the rights in the Bill of Rights?

<p>Natural and juristic persons as applicable. (D)</p> Signup and view all the answers

What does section 9(3) of the Constitution prohibit?

<p>Unfair discrimination in general (C)</p> Signup and view all the answers

In litigation concerning language policy, who typically bears the onus of proof?

<p>The claimant must prove discrimination (D)</p> Signup and view all the answers

Which section provides for the direct vertical application of the Bill of Rights?

<p>Section 8(1) (A)</p> Signup and view all the answers

What aspect does the application inquiry in rights litigation NOT address?

<p>The validity of the claims being made (B)</p> Signup and view all the answers

What does indirect application of the Bill of Rights primarily involve?

<p>Application to legislation and common law. (C)</p> Signup and view all the answers

What must a court do to give effect to a right in the Bill of Rights?

<p>Develop common law if legislation does not cover the right. (C)</p> Signup and view all the answers

What determines if a provision of the Bill of Rights binds a natural or juristic person?

<p>The applicability of the provision and the nature of any assigned duty. (A)</p> Signup and view all the answers

In which circumstances should the Bill of Rights be applied directly?

<p>When the legislation is silent on the right's provision. (A)</p> Signup and view all the answers

Which of the following statements reflects a misconception about the Bill of Rights?

<p>It applies only to public law matters. (D)</p> Signup and view all the answers

What section discusses the direct horizontal application of the Bill of Rights?

<p>Section 8(2) (C)</p> Signup and view all the answers

What was the Constitutional Court's ruling in Daniels v Campbell regarding the interpretation of 'spouse'?

<p>The term 'spouse' reasonably includes surviving partners of monogamous Muslim marriages. (C)</p> Signup and view all the answers

Why did the Constitutional Court find it unnecessary to directly apply the Bill of Rights in Daniels v Campbell?

<p>The court found that broader interpretations of terms sufficed. (B)</p> Signup and view all the answers

What was established regarding the development of common law in the Carmichele case?

<p>Judges have the duty to evolve common law in line with the Bill of Rights. (C)</p> Signup and view all the answers

Which of the following entities does Section 8(1) bind according to the provisions outlined?

<p>The executive, judiciary, and legislative branches, as well as all organs of state. (B)</p> Signup and view all the answers

What main difference is noted between legislation and common law in relation to the Bill of Rights?

<p>Common law is judge-made and can be adapted more freely than legislation. (C)</p> Signup and view all the answers

What was the High Court's position on the constitutionality of benefits for surviving spouses?

<p>Benefits should be extended to monogamous Muslim marriages. (C)</p> Signup and view all the answers

How does the court's interpretation of 'spouse' in the Daniels case impact the understanding of spousal rights?

<p>It expands spousal rights to include broader definitions of marriage. (D)</p> Signup and view all the answers

What is the primary role of the Constitutional Court regarding existing laws and the Bill of Rights?

<p>To ensure existing laws are in line with the principles of the Bill of Rights. (A)</p> Signup and view all the answers

What is required for an individual to have standing to challenge a law or conduct?

<p>They must be directly affected by the law or conduct. (A)</p> Signup and view all the answers

Which of the following best describes section 38(a) of standing?

<p>Any person who is affected in their own interest. (B)</p> Signup and view all the answers

What is a key requirement for acting on behalf of another under section 38(b)?

<p>The represented individual must consent. (B)</p> Signup and view all the answers

What does section 38(c) allow for in legal proceedings?

<p>Class actions where one litigant can represent many. (B)</p> Signup and view all the answers

In class actions, what is a significant feature regarding the members of the class?

<p>They are bound by the outcome unless they opt out. (D)</p> Signup and view all the answers

Which of the following best represents a situation where section 38(b) might apply?

<p>An adult representing their elderly parent in court. (B)</p> Signup and view all the answers

The requirement for sufficient interest means that an applicant must have what?

<p>A direct connection to the relief they are seeking. (D)</p> Signup and view all the answers

In the context of section 38(c), what is crucial about the identification of the class?

<p>The class must be narrowly defined and explicitly identified. (C)</p> Signup and view all the answers

Flashcards

Fundamental Rights in SA Constitution

Rights protected and enforced by the South African Constitution

Bill of Rights

Chapter 2 of the South African Constitution, outlining fundamental rights.

Prescribed textbook

The Bill of Rights Handbook by Iain Currie and Johan de Waal (Juta)

Prescribed chapters

Chapters 1-10 and 26 of the textbook are required for the course.

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Unnecessary chapters

Chapters on specific rights like privacy and expression are not officially demanded within the course's parameters..

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Principles governing rights application

Guidelines for how to use fundamental rights provisions in chapter 2 (the Bill of Rights).

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Fundamental rights litigation

Legal processes concerning disputes about fundamental rights.

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Practical problems involving fundamental rights

Real-world issues concerning the application of fundamental rights.

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Human Rights

Basic rights inherent to all humans, not earned or deserved but enforceable.

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Inalienable Rights

Rights that cannot be taken away or surrendered.

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Encroachment on Rights

Actions that violate or limit human rights.

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Universal Human Rights

Rights applicable to all people, regardless of their location or culture.

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International Dimension of Human Rights

Human rights are not only domestic matters, but also concern international bodies and law.

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Right to Life

Fundamental right to exist.

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Equality Before the Law

All individuals are treated equally by the law.

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Bill of Rights Application

Determining whether the Bill of Rights applies to a specific dispute.

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Procedural Stage

The initial steps in fundamental rights litigation, where the court decides if the Bill of Rights applies.

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Substantive Issues

The core matters of law and fact in a case, especially when dealing with fundamental rights.

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Section 9(1) and 9(3) of the SA Constitution

These sections guarantee equal treatment and prohibit unfair discrimination based on language.

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Section 30 of the SA Constitution

Protects the right to culture, religion, and language use.

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Section 8(2) of the SA Constitution

Binds natural and juristic persons to the Bill of Rights, depending on the right's nature and the duty imposed.

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Onus of Proof

The burden to prove a claim or defense in court.

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Remedies in Fundamental Rights Litigation

Actions taken by the court to address a violation of a fundamental right.

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Constitutional Interpretation

A legal principle stating that any law must be capable of being interpreted in a way that aligns with the Constitution.

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Direct Vertical Application

The Bill of Rights' direct application against state organs like the executive, legislature, and judiciary.

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Indirect Application of the Bill of Rights

The Bill of Rights informing the interpretation of laws and common law, even if not directly applied.

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Reasonableness Test

A legal test to determine if a law's wording can be reasonably understood to include a specific situation or group.

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Development of the Common Law

The process of adapting judge-made law to align with the spirit, purport, and objects of the Bill of Rights.

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Carmichele Case

A landmark case emphasizing the duty of courts to develop common law consistent with the Bill of Rights.

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Difference between Laws and Common Law

Legislation is made by Parliament, while common law is created by judges through legal precedents.

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Values Underlying the Bill of Rights

The fundamental principles and ideals embedded in the Bill of Rights, such as equality, dignity, and human rights.

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Who is entitled to the Bill of Rights?

The Bill of Rights applies to all individuals and legal entities within South Africa. This includes citizens, permanent residents, visitors, and even corporations.

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Direct vs. Indirect Application

The Bill of Rights can be applied directly (when it's explicitly used in a case) or indirectly (when it influences how a law or common law is interpreted).

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Direct Horizontal Application

The Bill of Rights applies directly to the actions of private individuals or organizations (e.g., businesses, NGOs).

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Indirect Application to Legislation

The Bill of Rights can be used to interpret legislation even if it's not explicitly mentioned in the law. This ensures that the law doesn't violate the Bill of Rights.

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Indirect Application to Common Law

The Bill of Rights can influence the development of common law rules to ensure consistency with the Bill of Rights.

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Applying the Bill of Rights in Specific Situations

Determining whether to use direct or indirect application of the Bill of Rights depends on the specific case and the nature of the dispute.

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Practical Problem Solving

Being able to analyze real-world situations and apply the Bill of Rights appropriately to resolve disputes.

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Standing (Locus Standi)

The legal right to bring a case to court. An individual or group must be directly affected by the law or conduct they're challenging.

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Sufficient Interest

The degree to which a person or group is affected by a law or conduct. They must have a stake in the outcome of the case.

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Section 38(a) - Own Interest

Allows someone to bring a case if a law or decision affects their own rights, interests, or potential rights.

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Section 38(b) - Acting on Behalf of Another

Allows someone to bring a case on behalf of another person who can't act for themselves (e.g., children, detainees).

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Consent of Represented Person

The person being represented must agree to the case being brought on their behalf, unless it's clear they would have agreed if they could.

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Section 38(c) - Class Actions

Allows a single person to represent a group of individuals with similar issues against the same defendant.

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Class Action Requirements

A class action needs to identify and define the group of people being represented.

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Benefits and Binding Outcomes

Class action members benefit from the outcome and are usually bound by the court's decision, unless they opt out.

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Study Notes

Fundamental Rights Study Guide

  • This study guide is for the course FUR2601
  • Authors are Prof Amanda Spies and Dr Themba Maseko
  • Study guide for the 1996 South African Constitution
  • Deals with the Bill of Rights (chapter 2)
  • Aims to provide a sound basic knowledge of fundamental rights in South Africa
  • Explains concepts, principles, and processes of fundamental rights litigation
  • Enables students to identify and solve practical fundamental rights problems
  • Helps students engage in informed and critical discussion of fundamental rights issues
  • Module complements other modules like Constitutional Law, Interpretation of Statutes, and Administrative Law

Module Contents

  • Introduction (overview of the Bill of Rights and its role in the constitutional system)
  • Study unit 1: Structure of the Bill of Rights
  • Study unit 2: Application
  • Study unit 3: Locus standi (standing)
  • Study unit 4: Jurisdiction in Bill of Rights litigation
  • Study unit 5: Interpretation of the Bill of Rights
  • Study unit 6: Limitation of rights
  • Study unit 7: Remedies
  • Study unit 8: Equality
  • Study unit 9: Human dignity
  • Study unit 10: Socio-economic rights

Prescribed Textbook

  • The Bill of Rights Handbook by lain Currie and Johan de Waal (Juta)
  • Chapters 1-10 and chapter 26 are essential
  • Refer to tutorial letters for specific sections to study

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Related Documents

FUR2601/1/2017–2021 South African Fundamental Rights Study Guide PDF

Description

Test your understanding of human rights with this quiz that covers key concepts, implications, and the universality of rights. Explore the relationship between human rights and privileges, the evolving role of international institutions, and cultural variances in enforcement. Perfect for those interested in law, politics, and social justice.

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