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In Portugal, personality rights are protected under the "tutela geral da personalidade" on article 70 of the Portuguese Civil Code and, also, in article 17 of the Constitution of the Portuguese Republic. Some personality rights, like the right to image or honor are specifically typified in the civil code in the articles following the "tutela ...
As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. [3] [4] Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects', [5] and which deals with rights, [6] [7] or 'the claim that a legal subject has on a ...
Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens.
Article 29 also protects the right to develop one's personality: "[e]veryone has duties to the community in which alone the free and full development of his personality is possible." Manuc explains that personality rights can be defined as those expressing the quintessence of the human person, and are intrinsic to being human. [15]
The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case Minister of Home Affairs and Another v Fourie and Another, a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex ...
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 ...
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Khumalo and Others v Holomisa is a landmark decision in the South African law of delict.It was decided by the Constitutional Court of South Africa on 21 May 2002. Handing down judgment for a unanimous court, Justice Kate O'Regan held that the existing common law of defamation is consistent with the Bill of Rights.