HUMAN RIGHTS DAY: Your right to life

19 March 2018 779

Section 11 of the Constitution of the Republic of South Africa provides that everyone has the right to life. The right to life is textually unqualified because it is given stronger protection in our Constitution. 

The right to life was dealt with in S v Makwanyane, which dealt with the constitutionality of the death penalty wherein the Constitutional Court described the rights to life and dignity as the most important of all human rights. The state has an obligation to preserve and protect the right to life.

This right is very important because before the advent of the Constitution, this right was not paramount, in fact, life was taken as a form of punishment. People often faced the death penalty as a sentence that was imposed by the courts.

The right to life essentially means that you have the right not to be killed, and or, not to have the quality of your life diminished in such a manner that it would be a huge impediment on this right. Anyone who infringes on ones right to life will be criminally liable, and such offence will be punishable by law. It is important that whether the infringement of ones right to life is intentional or accidental, it will be punishable in both instances. This means that the state cannot infringe on this right, if anything, the state is held to a higher moral standard to ensure that this right is protected.  Essentially, the right to life vests in everyone, regardless of their actions.

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