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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 ...
In South Africa, personality rights are protected under the South African law of delict and the Bill of Rights, which also provides for freedom of expression and freedom of association. [24] After much uncertainty concerning the recognition of image rights in South Africa , the Supreme Court of Appeal provided clarity in the landmark case of ...
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 ...
For example, France, South Africa and England have an all-embracing law that protects an individual's interest concerning physical integrity, feelings, dignity and privacy and identity. [19] However, in addition to substantial protection to personality through privacy, the Netherlands and Austria also recognise a general right to personality. [20]
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.
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. [ 1 ]
The LGBT community in South Africa has a varied history of activism and representation in civil society, and all that pertains to social justice and the struggle for human rights as celebrated in February through LGBT History Month; Edwin Cameron and Kathy Satchwell being prominent judges of the Constitutional Court of South Africa and the High ...
South African same-sex union case law (6 P) Pages in category "South African LGBTQ rights case law" The following 3 pages are in this category, out of 3 total.