4.10 Handves van menseregte  (Page 2/4)

• Recognition in terms of paragraph (i) must be consistent with this section and the other provisions of the Constitution.

FREEDOM OF EXPRESSION

Everyone has the right to freedom of expression, which includes –

• freedom of the press and other media;
• freedom to receive or impart information or ideas;
• freedom of artistic creativity; and
• academic freedom and freedom of scientific research.

The right in subsection (a) does not extend to –

• propaganda for war;
• incitement of imminent violence; or
• advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

ASSEMBLY, DEMONSTRATION, PICKET AND PETITION

1. Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.

FREEDOM OF ASSOCIATION

a) Everyone has the right to freedom of association.

POLITICAL RIGHTS

1. Every citizen is free to make political choices, which includes the right –

1. to form a political party;
2. to participate in the activities of, or recruit members for a political party; and
3. to campaign for a political party or cause.

1. Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.
2. Every adult citizen has the right –
   1. to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and
   2. to stand for public office and, if elected, to hold office.

CITIZENSHIP

a) No citizen may be deprived of citizenship.

FREEDOM OF MOVEMENT AND RESIDENCE

• Everyone has the right to freedom of movement.
• Everyone has the right to leave the Republic.
• Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.
• Every citizen has the right to a passport.

FREEDOM OF TRADE, OCCUPATION AND PROFESSION

1. Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.

ENVIRONMENT

Everyone has the right –

• to an environment that is not harmful to their health or well-being; and
• to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that –
  • prevent pollution and ecological degradation;
  • promote conservation; and
  • secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

HOUSING

1. Everyone has the right to have access to adequate housing.
2. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
3. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

HEALTH CARE, FOOD, WATER AND SOCIAL SECURITY

1. Everyone has the right to have access to –
   1. health care services, including reproductive health care;
   2. sufficient food and water; and
   3. social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.
2. The state must taken reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
3. No one may be refused emergency medical treatment.