EXPERT OPINION: Unveiling the Human Rights Landscape in South Africa – Overcoming Obstacles and Mapping a Path for Progress

As South Africa marks Human Rights Day on March 21st, it is not just a time for celebration, but also sober reflection on the journey towards justice and equality. This day commemorates the Sharpeville massacre of 1960, a tragic event that spotlighted the brutality of apartheid and galvanised the fight for human rights. However, the struggle for true equality is far from over. Despite considerable progress since the end of apartheid, South Africa continues to grapple with deep-rooted inequalities and persistent human rights challenges. Let us delve into the nuanced complexities of these issues and propose concrete steps toward a more inclusive and rights-respecting society.

After 1994, South Africa’s constitutional framework shifted from parliamentary sovereignty to constitutional supremacy. This shift means that the Constitution’s rules and principles take precedence over any government regulations, binding all branches of the state. Moreover, a Bill of Rights was enshrined to safeguard human rights, thereby halting centuries of state-sanctioned abuse or tolerance of such injustices. Furthermore, the judiciary was granted authority to uphold these rights. Hence, it is essential to recognise the transformative intent of the Constitution, aiming to transition South Africa from a society rooted in racism and discrimination to one founded on principles of human dignity, equality, and freedom. As we contemplate the evolution since the inception of the democratic system, it is significant to acknowledge that South Africa now observes Human Rights Day.

While significant progress has been achieved since the end of apartheid in 1994, marked by the establishment of various legislative frameworks, it remains imperative to address persisting human rights challenges promptly and decisively. These include issues related to land rights and access to housing, education, healthcare, and the fundamental right to human dignity, with a particular focus on combating gender-based violence, people with disabilities, and LGBTQ+. Economic inequality also remains a pressing concern that requires addressing.

Right to access to land and housing

The right to land and access to housing continues to be a contentious issue in South Africa, marked by ongoing debates and challenges regarding the equitable distribution of land and restitution for those who were dispossessed during apartheid. Despite efforts, many South Africans, especially black South Africans, still face barriers to securing access to land and adequate housing. Comprehensive land reform policies

Right to education

Despite endeavours to enhance educational access, discrepancies in educational quality endure, especially evident between urban and rural settings and among socio-economic strata. Challenges persist, including deficient infrastructure, shortages of educators, and unequal resource distribution, impeding the full realisation of the u right to education. Moreover, issues such as school bullying and the exclusion of undocumented children from educational opportunities persist as significant challenges requiring immediate attention.

Right to access to healthcare

The right to access healthcare in South Africa has seen notable progress, yet significant challenges persist. Disparities in accessing quality healthcare services persist, compounded by overcrowding in public healthcare facilities and the burden of prevalent diseases such as HIV/AIDS and tuberculosis. Despite strides made, ensuring equitable access to healthcare remains a pressing concern, necessitating comprehensive measures to address underlying systemic issues and improve healthcare delivery nationwide. Moreover, efforts to combat emerging health threats and promote preventive healthcare strategies are essential for enhancing overall public health outcomes.

Right human dignity

The preservation of human dignity, particularly in the context of gender-based violence, remains a critical concern in South Africa. Despite legislative interventions and ongoing awareness initiatives, incidents of gender-based violence, including domestic abuse, sexual assault, and femicide, persist at alarming rates. Women and girls bear the disproportionate brunt of these violations, highlighting the urgent need for continued efforts to combat and prevent such atrocities.

Socio-economic rights

Economic inequality in South Africa ranks among the most severe worldwide, characterised by persistent disparities between socioeconomic classes and racial groups. This stark imbalance exacerbates social divisions and hinders the ability of many South Africans to access essential services and attain economic stability. Furthermore, economic inequality undermines efforts to foster inclusive growth and perpetuates systemic barriers to socio-economic advancement, requiring concerted efforts to address root causes and promote equitable economic opportunities for all citizens.

Right to equality on the grounds of social origin

Xenophobic incidents targeting immigrants, refugees, and asylum seekers have sporadically erupted in South Africa, often driven by socio-economic tensions and perceived competition for resources. Additionally, discrimination based on race, nationality, ethnicity, and other factors persists across multiple facets of society. It is imperative to enhance public awareness of constitutional rights, as a lack of understanding leaves individuals vulnerable to exploitation and disregard for the rights of other fellow Africans. This constitutional illiteracy not only perpetuates discrimination but also undermines the rights of minority groups who lack political influence and who will not access the benefits solely allocated to South Africans. Efforts to promote education on constitutional rights are essential for fostering inclusivity and combating xenophobia and discrimination in South Africa.

Rights of Persons with Disabilities:

individuals with disabilities in South Africa frequently encounter obstacles when attempting to access education, employment, healthcare, and public services, primarily due to stigma, discrimination, and inadequate infrastructure. Despite ongoing efforts to enhance inclusivity and accessibility, additional attention and resources are needed to address these challenges comprehensively. This includes implementing policies and initiatives aimed at removing physical and social barriers, providing specialized support services, and promoting awareness to foster a more inclusive society for persons with disabilities.

Despite the legal acknowledgment of same-sex marriage and anti-discrimination legislation, LGBTQ+ individuals in South Africa continue to confront pervasive societal stigma, discrimination, and violence. Ensuring comprehensive equality and safeguarding LGBTQ+ rights remain an ongoing challenge, particularly in conservative communities where acceptance may be limited. To promote inclusivity there is a crucial need for clear and accessible education on constitutional rights within communities. This could facilitate a more inclusive environment and foster greater acceptance and support for LGBTQ+ individuals across all sectors of South African society.

what transpires from the above is that addressing these human rights challenges in the South African context necessitates collaborative efforts from government, civil society, and the community at large. Henceforth, the following guidelines could be established for the effective implementation of human rights:

• Non-discrimination: Upholding the rights of every individual without discrimination is paramount. All human beings should be treated with dignity and respect, irrespective of their background or characteristics.
• Human rights-based approach: Policies and laws should be grounded in a human rights framework, ensuring that they protect and promote the rights of all individuals, particularly those who are vulnerable or marginalised.
• Culturally sensitive approach: Recognising the diverse cultural landscape of South Africa, policies and programs should be tailored to be culturally sensitive and community oriented. This involves communicating human rights issues in languages and contexts that resonate with local communities, facilitating better understanding and engagement.
•  Availability of resources: Adequate resources must be allocated to support the implementation of human rights policies and programs effectively. This includes funding for initiatives aimed at promoting equality, providing access to justice, and addressing systemic barriers to human rights realisation.
• Public awareness: Enhancing public awareness and education on human rights is essential for fostering a culture of respect and accountability. Empowering individuals with knowledge about their rights and responsibilities can help prevent human rights violations and promote active citizenship.
• Law enforcement and state accountability: Ensuring effective law enforcement mechanisms and holding state actors accountable for human rights violations are crucial steps in safeguarding human rights. This requires robust monitoring, oversight, and accountability mechanisms to address abuses and ensure justice for victims.

By implementing these guidelines and fostering a collaborative approach, South Africa can make significant strides towards achieving its human rights objectives and building a more just and equitable society for all its citizens.

• Prof Mafuku Tholaine Matadi

Associate Professor and Head of the Department of Law