Jonah Patel
Section 27 of the South African Constitution is a human rights organisation that seeks to achieve social justice and equality in South Africa. Guided by the values in the Constitution, Section 27 uses law, advocacy, research, and community mobilisation to advance socio-economic rights, particularly the right to access healthcare services and basic education. The organisation aims to hold the state and private actors accountable for their constitutional obligations and ensure the dignity and equality of all citizens.
| Characteristics | Values |
|---|---|
| A human rights organisation | Guided by the principles and values in the Constitution |
| Seeks to achieve | Substantive equality and social justice in South Africa |
| Works with | Partners to effect systemic change in the health and education systems in South Africa |
| Uses | Strategic litigation and community mobilisation |
| Aims to | Achieve structural change and accountability to ensure dignity and equality for all |
| Works in partnership with | Social movements, civil society organisations and other partners |
| Holds | The state and private actors accountable for their constitutional obligations |
| Represents | Learners who have been sexually assaulted by educators |
| Releases | Reports on climate change as a human rights risk |
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What You'll Learn
The right to access healthcare services
Section 27 of the South African Constitution guarantees the right to access healthcare services and basic education. SECTION27, a human rights organisation, works to advance these socio-economic rights through a combination of law and activism. They use strategic litigation and community mobilisation to effect systemic change and hold the state and private actors accountable for their constitutional obligations.
One example of their work is their representation of a learner who was sexually assaulted by an educator. SECTION27 secured a future maintenance order, with the court ordering the educator to pay R38,000 in maintenance over two years. Acts of sexual violence threaten the rights of children, infringing on their constitutionally protected rights to equality, privacy, dignity, safety, and health.
Another example is their work on the climate crisis, which is impacting South Africa through heatwaves and floods. SECTION27 released a report titled "Climate Change as a Human Rights Risk: A Resource for Health and Education Rights Activists in South Africa", highlighting the intersection of climate change and human rights. They also work on issues related to mental health, such as their involvement in the National Department of Health's Mental Health Review Boards Meeting to discuss human rights in mental health.
In addition, SECTION27 welcomed the judgment in the Life Esidimeni Inquest, a case related to healthcare services, and they have been involved in matters concerning the Cancer Alliance and the MEC for Health in Gauteng. Their work extends to advocating for budgetary priorities that reflect the needs of the people of South Africa and ensuring that refugees have access to the same healthcare services as South African citizens.
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The right to basic education
Section 27 of the South African Constitution guarantees the right to access healthcare services and basic education. This is enforced by Section27, a human rights organisation that works to achieve equality and social justice in South Africa. They use law, advocacy, legal literacy, research, and community mobilisation to advance socio-economic rights.
Section27 aims to hold the state and private actors accountable for their constitutional obligations. They work with social movements and civil society organisations to bring about systemic change and ensure the dignity and equality of everyone. Their work includes conducting advocacy campaigns to educate the public on constitutional rights and participating in public discourse on human rights.
One of their tools is the Basic Education Rights Handbook, which empowers communities, school governing bodies, principals, teachers, and learners to understand education law and policy. It helps them recognise when learners' rights have been violated and the steps required to protect those rights.
Section27 has successfully represented learners who have been sexually assaulted by educators, securing maintenance orders and holding perpetrators accountable. They also address issues such as climate change, advocating for the rights of future generations, and ensuring that the impact of climate change on the right to education is addressed.
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Climate change as a human rights risk
Section 27 of the South African Constitution is part of the Bill of Rights, which is a cornerstone of democracy in the country. It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality, and freedom. The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary, and all organs of state. It also outlines the responsibilities of the state in respecting, protecting, promoting, and fulfilling the rights outlined in the Bill.
Climate change is a significant human rights risk that threatens the life and safety of billions of people worldwide. It poses a danger to the realization of several human rights, including the right to life, liberty, and security. The impacts of climate change, such as extreme weather events, natural disasters, and environmental degradation, have severe consequences for human rights. For example, extreme weather events like storms, floods, and wildfires can lead to loss of life, injury, and displacement of affected communities. They can also result in the destruction of homes, infrastructure, and livelihoods, disrupting access to essential services such as water, sanitation, food, health care, and education.
Women and girls are particularly vulnerable to the effects of climate change due to their reliance on natural resources and the barriers they face in accessing financial or technical resources. They are often confined to roles and jobs that make them more dependent on the natural environment, and they may be denied land ownership, making them less able to adapt to changing environmental conditions. As a result, they are more susceptible to the impacts of climate-related events and may face greater challenges in protecting themselves and recovering from disasters.
Children and young people are another vulnerable group. They may experience forced displacement, which can disrupt their access to essential services and have long-lasting impacts on their development. Additionally, exposure to traumatic events, such as natural disasters exacerbated by climate change, can lead to mental health issues such as post-traumatic stress disorder. The physical health of children is also at risk, with respiratory illnesses on the rise due to increasing air pollution from the burning of fossil fuels.
Addressing climate change and its human rights implications requires collective action and systemic change. While individual efforts, such as recycling and reducing plastic use, are important, they are not sufficient to tackle the scale of the problem. Governments and corporations, especially those in the fossil fuel industry, play a crucial role in mitigating climate change and upholding human rights. Governments are legally obligated to reduce and phase out fossil fuel emissions, and corporations have a responsibility to respect human rights by transitioning to more sustainable practices and refraining from spreading disinformation.
Organizations like the Office of the United Nations High Commissioner for Human Rights (OHCHR) are actively working to address the intersection of human rights and climate change. OHCHR's field presences in various regions, including Southeast Asia, Central America, Kenya, and Mexico, advocate for a human rights-based approach to climate action and environmental policies. They support environmental human rights defenders, promote knowledge-building and understanding of migratory challenges posed by climate change, and engage with UN human rights mechanisms and other agencies to address these complex issues.
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Protecting learners' rights
Section 27 of the South African Constitution is about protecting the rights of learners and advancing socio-economic rights. It guarantees the right to access health care services and the right to basic education. The Basic Education Rights Handbook is a legal literacy tool that empowers communities, school governing bodies, principals, teachers, and learners to understand education law and policy, know when learners' rights have been violated, and take the necessary steps to protect learners' rights. For example, SECTION27, a human rights organisation, successfully represented a learner who was sexually assaulted by an educator, securing a future maintenance order. The court ordered the educator to pay maintenance over the next two years.
Acts of sexual violence continue to threaten the rights of children across South Africa, infringing on their constitutionally protected rights to equality, privacy, dignity, safety, and health. SECTION27 uses a combination of law and activism and works with partners to bring about systemic change in the health and education systems. They conduct advocacy campaigns to educate the public about constitutional rights and participate in public discourse on human rights. They also conduct research to develop an evidence base for their interventions.
SECTION27 works with social movements, civil society organisations, and other partners to hold the state and private actors accountable for their constitutional obligations. They aim to achieve structural change and accountability to ensure dignity and equality for all. The organisation is guided by the principles and values in the Constitution, seeking to advance socio-economic rights and achieve substantive equality and social justice in South Africa.
The South African Constitution's Bill of Rights is a cornerstone of democracy in the country. It applies to all law and binds the legislature, the executive, the judiciary, and all organs of the state. The state must respect, protect, promote, and fulfil the rights in the Bill of Rights, which include the right to freedom of expression, peaceful assembly, demonstration, and association. The Bill of Rights also guarantees the right to free, fair, and regular elections.
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Equality, privacy, dignity, safety and health rights
Section 27 of the South African Constitution is dedicated to upholding the rights to equality, privacy, dignity, safety, and health. These rights are enshrined in the Bill of Rights, which forms the cornerstone of democracy in South Africa. The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary, and all organs of state. It promotes the values of human dignity, equality, and freedom, which are fundamental principles in South African society.
The right to equality is protected by Section 27, which seeks to achieve substantive equality for all citizens. This includes equal access to healthcare and education, regardless of one's background or social status. Acts of sexual violence, for instance, threaten the equality rights of many children across the country, as they infringe on their constitutionally protected rights.
The right to privacy is also important, as it ensures that citizens have control over their personal information and are protected from unwarranted intrusion. This right is closely tied to the right to dignity, which guarantees respect and the protection of one's reputation and honour.
Furthermore, Section 27 promotes the right to safety, ensuring that citizens are protected from harm and insecurity. This includes protection from physical harm, such as sexual violence, as well as protection from unfair practices and access to justice.
Lastly, the right to health is a key focus of Section 27. Organisations like SECTION27 work to ensure that all citizens have access to healthcare services, regardless of their background. They advocate for systemic change and accountability to guarantee that the rights outlined in Section 27 are realised and protected for everyone in South Africa.
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Frequently asked questions
Section 27 of the South African Constitution guarantees the right to access healthcare services.
SECTION27 is a human rights organisation that uses law and activism to effect systemic change in the health and education systems in South Africa.
Section 27 seeks to achieve substantive equality and social justice in South Africa.
