Tutorial 2 Human Rights

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Tutorial 2 Human Rights

1. Provide summary of Reddell and Others v Mineral Sands


2. Explain Vertical and horizontal application of BoR.
3. Explain what is meant by right to act and waiver of right
4. The main differences between the “right not to act” and “a waiver of a right” are:

1) A waiver is a formal undertaking, while the right not to act is informal


undertaking not to exercise a right.
2) A waiver is an informal undertaking, while the right not to act is a formal
undertaking not to exercise a right.
3) A waiver of a right amounts to a limitation of the specific right and must
comply with the limitation clause, while the right not to act does not amount to
a limitation of the right.
4) The right not to act amounts to a limitation of the specific right and must
comply with the limitation clause, while a waiver does not amount to a limitation
of the right.
5) The decision not to exercise a right may be withdrawn unilaterally, while this
is not the case with a waiver of a right.
6) A waiver of a right may be withdrawn unilaterally, while this is not the case
with the right not to act.
A) Statements 1, 3 and 5 are correct.
B) Statements 2, 4 and 6 are correct.
C) Statements 1, 4 and 6 are correct.
D) Statements 2, 3 and 5 are correct. (1)
1.7) Which of the following statements are examples of “person(s)” that can be
bearers of the right to education in South Africa?
1) Private schools
2) Public universities
3) Citizens
4) Foreigners
A) All the options are correct.
B) Statements 1, 3 and 4 are correct.
C) Statements 3 and 4 are correct.
D) Statement 3 is correct. (1)

5. Which of the following statements are correct with regard to the protected
conduct
and interests of the rights involved in term of the South African Constitution?
1) The right to life protects a person’s right to a meaningful existence.
2) The right to life protects a person’s right to their physical biological
existence.
3) The right to dignity protects a person’s intrinsic worth as a human being.
4) The right to dignity also protects a person’s psychological integrity.
5) The right to freedom and security of the person protects a person’s physical,
but not psychological integrity.
6) The right to freedom and security of the person wide enough to include a
person’s life, dignity and privacy.
7) The right to freedom and security of the person protects a person’s right to
physical and psychological integrity.
A) Statements 1, 2, 3, 4, 6 and 7 are correct.
B) Statements 2, 3, 4 and 5 are correct.
C) Statements 1, 5 and 6 are correct.
D) Statements 2, 3 and 7 are correct.

6.Give two examples of rights that describe :


A. Only protected conduct and interest
B. Only duties
C. Both duties and protected conduct and interest

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