Human Rights In South Africa
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Human Rights In South Africa
Human rights in South Africa are protected under the constitution. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law enforcement, legal proceedings and discrimination. The Human Rights Commission is mandated by the South African Constitution and the Human Rights Commission Act of 1994, to monitor, both pro-actively and by way of complaints brought before it, violations of human rights and seeking redress for such violations. It also has an educational role. Apartheid era Apartheid was a system of segregation and discrimination implemented by a White minority onto the Black majority. For example, Blacks were not allowed to buy land outside of land reserves despite being the indigenous population. Many of South Africa's anti-apartheid laws have been enacted while keeping in mind that what is seen by the international community, human rights organisations ...
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Chapter 2 Of The Constitution Of South Africa
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ...
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Brain-drain
Human capital flight is the emigration or immigration of individuals who have received advanced training at home. The net benefits of human capital flight for the receiving country are sometimes referred to as a "brain gain" whereas the net costs for the sending country are sometimes referred to as a "brain drain". In occupations with a surplus of graduates, immigration of foreign-trained professionals can aggravate the underemployment of domestic graduates, whereas emigration from an area with a surplus of trained people leads to better opportunities for those remaining. But emigration may cause problems for the home country if the trained people are in short supply there. Research shows that there are significant economic benefits of human capital flight for the migrants themselves and for the receiving country. The impact on the country of origin is less straightforward, with research suggesting the impact can be positive, negative or mixed. Research also suggests that emigrat ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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Minister Of Home Affairs V Fourie
''Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others'', 005ZACC 19, is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation. As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage. The case was heard on May 17, 2005, by Langa ACJ, Madala J, Mokgoro J, Moseneke J, Ngcobo J, O'Regan J, Sachs J, Skweyiya J, Yacoob J and Van Der Westhuizen J. MTK Moerane SC (with S. Nthai) appeared for the applicants, P Oosthuizen (with T Kathri) for the respondents, JJ Smyth QC for the first and second ''amici curiae'', GC Pretorius SC (with DM Achtzehn, PG Sele ...
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North-West University
af , Noordwes-Universiteit , image = https://www.nwu.ac.za/sites/www.nwu.ac.za/files/NWU-Logo-SW.png , motto = ''Dit Begin Alles Hier (Afrikaans)'' ''Gotlhe Go Simolola Fano (Setswana)'' , mottoeng = ''It All Starts Here'' , established = 2004(''By merger of existing institutions'') , type = Public university , chancellor = Dr Anna Mokgokong , vice_chancellor = Dr Bismark Tyobeka , students = 53,997 , undergrad = 46,806 , postgrad = 7,191 , affiliations = AAU ACU HESA , former_names = Potchefstroom University for Christian Higher EducationPotchefstroom University University of Bophuthatswana , city = PotchefstroomMahikengVanderbijlpark , country = South Africa , nickname = NWU , colours = Purple, Turquoise and Grey   , ca ...
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Same-sex Marriage In South Africa
Same-sex marriage in South Africa has been legal since the '' Civil Union Act, 2006'' came into force on 30 November 2006. The decision of the Constitutional Court in the case of '' Minister of Home Affairs v Fourie'' on 1 December 2005 extended the common-law definition of marriage to include same-sex spousesas the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientationand gave Parliament of South Africa, Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly of South Africa, National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later. South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage. History Background South Africa w ...
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Civil Union Act, 2006
The Civil Union Act, 2006 (Act No. 17 of 2006) is an act of the Parliament of South Africa which legalised same-sex marriage. It allows two people, regardless of gender, to form either a marriage or a civil partnership. The act was enacted as a consequence of the judgment of the Constitutional Court in the case of '' Minister of Home Affairs v Fourie'', which ruled that it was unconstitutional for the state to provide the benefits of marriage to opposite-sex couples while denying them to same-sex couples. Legislative history The Constitutional Court's judgment set a deadline of 1 December 2006 for Parliament to rectify the situation. If Parliament missed the deadline, words would be "read in" to the Marriage Act to allow same-sex marriages to take place. On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament. It was introduced in the National Assembly by the Minister of Home Affairs on 12 September. The original bill only allowed for civil partne ...
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Child Sexual Abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whether by asking or pressuring, or by other means), indecent exposure (of the genitals, female nipples, etc.), child grooming, and child sexual exploitation, such as using a child to produce child pornography. Child sexual abuse can occur in a variety of settings, including home, school, or work (in places where child labor is common). Child marriage is one of the main forms of child sexual abuse; UNICEF has stated that child marriage "represents perhaps the most prevalent form of sexual abuse and exploitation of girls". The effects of child sexual abuse can include depression, post-traumatic stress disorder, anxiety, complex post-traumatic stress disorder, propensity to further victimization in adulthood, and physical injury to the child ...
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Jacob Zuma
Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-apartheid activist, member of Umkhonto we Sizwe, and president of the African National Congress (ANC) between 2007 and 2017. Zuma was born in the rural region of Nkandla, which is now part of the KwaZulu-Natal province and the centre of Zuma's support base. He joined the ANC at the age of 17 in 1959, and spent ten years in Robben Island Prison as a political prisoner. He went into exile in 1975, and was ultimately appointed head of the ANC's intelligence department. After the ANC was unbanned in 1990, he quickly rose through the party's national leadership and became deputy secretary general in 1991, national chairperson in 1994, and deputy president in 1997. He was the deputy president of South Africa from 1999 to 2005 under President Thabo ...
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Xenophobia
Xenophobia () is the fear or dislike of anything which is perceived as being foreign or strange. It is an expression of perceived conflict between an in-group and out-group and may manifest in suspicion by the one of the other's activities, a desire to eliminate their presence, and fear of losing national, ethnic, or racial identity.Guido Bolaffi. ''Dictionary of race, ethnicity and culture''. SAGE Publications Ltd., 2003. Pp. 332. Alternate definitions A 1997 review article on xenophobia holds that it is "an element of a political struggle about who has the right to be cared for by the state and society: a fight for the collective good of the modern state." According to Italian sociologist Guido Bolaffi, xenophobia can also be exhibited as an "''uncritical exaltation of another culture''" which is ascribed "''an unreal, stereotyped and exotic quality''". History Ancient Europe An early example of xenophobic sentiment in Western culture is the Ancient Greek denigratio ...
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Refugee Convention
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The rights created by the Convention generally still stand today. Some have argued that the complex nature of 21st century refugee relationships calls for a new t ...
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Economic Migrant
An economic migrant is someone who emigrates from one region to another, including crossing international borders, seeking an improved standard of living, because the conditions or job opportunities in the migrant's own region are insufficient. The United Nations uses the term ''migrant worker''. Although the term ''economic migrant'' may be confused with the term ''refugee'', economic migrants leave their regions primarily due to harsh economic conditions, rather than fear of persecution on the basis of race, religion, nationality, political opinion, or membership of a particular social group. Economic migrants are generally not eligible for asylum, unless the economic conditions they face are severe enough to have caused generalised violence, or seriously disturbed the public order. Legality Many countries restrict people from entering their borders to work, unless they have been granted a visa that specifically allows them to work in the country. Migrants who seek paid emplo ...
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