Content Summary

CONSTITUTIONAL RIGHTS & RESPONSIBILITIES

Term 4: Week 1 - 4

Human rights are the fundamental freedoms and protections that belong to every
single one of us. All human beings are born with equal and inherent rights and
fundamental freedoms. Human rights are based on dignity, equality, and mutual
respect – regardless of your nationality, your religion, or your beliefs. Your rights are
about being treated fairly and treating others fairly and having the ability to make
choices about your own life.

These basic human rights are universal, they belong to all of us, everybody in the
world. Inalienable, they cannot be taken away from us. Indivisible and interdependent, governments
should not be able to pick and choose which rights are respected.

The Universal Declaration of Human Rights (UDHR) is a document that acts like a global road map for
freedom and equality – protecting the rights of every individual, everywhere. The UDHR was adopted by the
newly established United Nations on 10 December 1948, in response to what happened during the Second
World War. Its adoption recognised human rights to be the foundation for freedom, justice, and peace. The
UDHR was a milestone document. For the first time, the world had a globally agreed upon document that
marked out all humans as being free and equal, regardless of sex, colour, creed, religion, or other
characteristics.

Human rights are the basic rights that everyone has, simply because they are human. The list of human
rights protected in South Africa is contained in the Bill of Rights, Chapter 2 of the South African Constitution,
the highest law in our country.

HUMAN RIGHTS VIOLATIONS

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and
torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is
entitled to these rights, without discrimination. When these rights are not protected or blatantly
disregarded, they are violated.

TYPES OF HUMAN RIGHTS VIOLATIONS:

Civil and political rights
Civil and political rights are violated through genocide, torture, and arbitrary arrest. These violations often
happen during times of war. When a human rights violation intersects with the breaking of laws about armed
conflict, it’s known as a war crime.
Conflict can also trigger violations of the right to freedom of expression and the right of peaceful assembly.
Governments are usually responsible for these violations as they attempt to maintain control and push down
any rebellious societal forces. Suppressing political rights is a common tactic for many governments during
times of civil unrest.
Violations of civil and political human rights are not always linked to specific conflicts and can occur at any
given time. Human trafficking is currently one of the largest issues on a global scale as millions of men,
women, and children are forced into labour and sexual exploitation. Religious discrimination is also very
common in many places around the world. These violations often occur because those governments are
failing to protect vulnerable groups within their borders.

Economic, social, and cultural rights

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As described in the UDHR, economic, social, and cultural rights include the right to work, the right to
education, and the right to physical and mental health. As is the case with all human rights, economic, social,
and cultural rights can be violated by governments and other actors. The United Nations Office of the High
Commissioner for Human Rights gives a handful of examples of how these rights can be violated. These
include:
 Contaminating water, for example, with waste from state-owned facilities (the right to health).
 Evicting people by force from their homes (the right to adequate housing).
 Denying services and information about health (the right to health).
 Discrimination at work based on traits like race, gender, and sexual orientation (the right to work).
 Failing to provide maternity leave (protection of and assistance to the family).
 Not paying a sufficient minimum wage (rights at work).
 Segregating students based on disabilities (the right to education).
 Forbidding the use of minority/indigenous languages (the right to participate in cultural life).

COUNTERSTRATEGIES TO VIOLATIONS OF HUMAN RIGHTS

Public actions, such as street theatre, a protest march, petitions, or sit-ins, have many different aims, but the
following are probably the most important:
 Raising awareness of an issue.
 Attracting others to a cause.
 Getting the media talking.
 Showing politicians or those in power that people are watching.

If you are thinking of a public action, bear in mind the importance of doing something which will attract
attention: Make people laugh or make them stop and stare; you may even want to try to shock them. You
need to get people talking!

Different strategies to bring attention to human rights violations:

 Organisations: All over the world there are organisations and individuals that speak out against violations
of human rights, for example the United Nations and the South African Human Rights Council (SAHRC).
 Journalists and the media: Human rights journalists and the media play an important role in protecting
and promoting human rights. Journalists investigate human rights abuses and then write about them and
expose human rights abusers.
 Musicians and other celebrities: Musicians and celebrities play a major role in bringing awareness of
human rights violations.
 Religious leaders: Religious leaders use their influence over people and government to campaign for
human rights, especially religious freedom, and respect for indigenous cultures.
 Boycotts: A protest against something where people choose to purposefully avoid something. For
example, not purchasing products from a company that does animal testing.
 Non-governmental organisations: Fighting for human rights, these organisations are not affiliated with
the government and work for the benefit of people in a country, community or area, e.g. – POWA (People
Against Women Abuse).
 Entrepreneurs: People like Bill Gates and Mark Shuttleworth donate time and money to worthy causes.
 Political persuasion: Collective action by groups of nations is used to put pressure on groups or nations
who are violating human rights.
 Sanctions/Denial of international aid: This can be withheld from countries that commit or allow human
rights violations. What this means is that one country may not help another until they change their policies.
South Africa faced sanctions; we were not able to participate in the Olympic Games due to the Apartheid
policies that were in place.
 Legal methods: Putting abusers on trial, etc.

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 Action plans and campaigns: National plans and campaigns aimed at educating and bringing
awareness to the public surrounding issues such as GBV.
 Social networking: Internet activists have organised protects via Twitter and Facebook and are using
YouTube and Flickr to post videos and photos, to bring awareness.

GENDER EQUITY
Gender equity is the process of being fair to women and men. To ensure fairness, strategies and
measures must often be available to compensate for women's historical and social disadvantages that
prevented them from otherwise operating on a level playing field. Equity leads to equality.

What is gender equity vs equality?

Gender equality is giving all genders equal treatment when it comes to rights, responsibilities, and
opportunities. Gender equity, meanwhile, is about fairness. To ensure everyone has equal opportunities, we
need to consider privilege, bias and other factors that can limit how people access opportunities.

While gender equality focuses on providing people with the same equal opportunities (like making it legal for
women to own land, or even attend school), gender equity works to correct the historical wrongs that have
left women behind (such as societal restrictions on employment).

GENDER EQUITY ISSUES IN A VARIETY OF ATHLETIC AND SPORTS ACTIVITIES

One of the most controversial topics that sports face is gender inequality. There is not just inequality in
participation and opportunity, but also with pay. That comes mainly in professional sports, where in almost
all cases, men make more money than women. Sports have (in most cases) been associated with men and
their interests. Gender inequality in sports has a long history marked by discrimination and struggle for
women. Organisers restricted women’s participation in sports for a long time. Now, when there are so many
female athletes, the male-dominated sports media around the globe keeps giving more visibility to male
athletes as accomplished, influential individuals. On the contrary, (until recently) the media portrays female
athletes primarily for their appearance, age, or family life rather than their athletic prowess.

How can this be changed?

Work to reduce the monetary gap in women's sport: Funding is one of the issues many sports teams
face. Men’s teams traditionally receive most sponsorships and television deals. Sometimes companies are
hesitant to support women's sports, and those that do, view it more as a moral obligation rather than an
investment. Women's sports are developing and can reach greater levels with the appropriate financial
assistance.
Better media exposure: The media is a powerful tool if strategically engaged to address the gender disparity
in sports. It is also a source of hidden power, affecting societies, influencing, and reinforcing attitudes, beliefs,
and practices, without people realising it. Together, collaborating organisations and the media can use their
power and voice to act and show leadership in increasing visibility for women in sports by addressing the
inequality in sports and journalism.
The training and recruitment of female reporters into the sports industry can also contribute to promoting
women's sports and addressing gender inequalities in sports.
Another way to promote gender equity in sports is to stop assuming and portraying men as superior
athletes. Men are often perceived to be stronger, better, and faster at sports than other genders due to the
build of their body. This is not always true, as women have unique strengths and weaknesses. For example,
they tend to be less likely to injure themselves and perform better than men in some sports.
To promote equity in sports, equal opportunities must be provided for all genders. Promoting gender equality
in sports requires the participation of everyone. As an individual, be mindful of your words and actions, as
you may inadvertently support gender inequality. When discussing gender equality on social media, exercise

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caution and use inclusive language. It is also important to try to find materials and information on how other
people are promoting gender equity in sports.

Nelson Mandela said, “Sport has the power to change the world. It has the power to inspire.
It has the power to unite people in a way that little else does. It speaks to youth in a language they understand.
Sport can create hope where once there was only despair.”

DEFINING GENDER-BASED VIOLENCE

Before defining gender-based violence, we need to understand the term 'violence'.
Essentially, violence is the act of physically or psychologically harming another person, group, or community.
Violence is intentional. It involves force or threat and aims to emotionally break down the person who
experiences it. Anyone can be a perpetrator of violence. In fact, we can even act violently towards ourselves.
Individuals, groups, and states of authorities can also perpetuate violence.

Examples of how violence can be committed:

 Physical violence: Including murder, fighting and assault.
 Emotional and psychological abuse: Including verbal threats, manipulation, stalking and bullying.
 Hate crimes: Involves harming an individual, group or community based on specific characteristics, such
as race or culture. Xenophobia, the prejudice against people from another country, often involves hate
crimes.

How does violence affect people?

 Violence can result in trauma, disabilities and sometimes even death.
 Violence not only affects people physically, but can also affect them emotionally, where they feel scared,
fearful, and vulnerable. In addition, psychological effects, such as nightmares and flashbacks, can be
experienced.
 Violence is considered a cycle and as a result can often lead to more violence committed by others:
Those who experience violence are more likely to commit it.

WHAT IS GENDER-BASED VIOLENCE?

Gender-based violence (GBV) refers to the psychological, emotional, sexual, or economic violence that
occurs because of unequal power relationships between genders in society. It occurs because of perceived
ideas of gender roles, norms, and expectations.

GBV takes different forms:

Physical: For example, when someone is beaten by their partner for saying or doing something the partner
doesn’t like.
Sexual: For example, when a boy tries to force a girl to have sex (rape her) because he feels that this is his
right as her boyfriend.
Psychological: For example, when a strong and assertive girl is shamed for speaking up for herself, or when
a gay or lesbian person is told that being gay or lesbian is a sickness.
Economic: For example, when someone who has financial power and control coerces (forces) another into
having sex by depriving them of food, clothing, or money.

GBV can happen to anyone:

Violence against women and girls (VAWG): Violence that is directed specifically onto women and girls.
Violence against LGBTIQA+ people: Violence directed onto people who identify as lesbian, gay, bisexual,
transgender and/or intersex people.

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Intimate partner violence (IPV): Physical, emotional, and sexual violence by a romantic partner.
Intimate partner violence occurs when one partner is violent - either physically, sexually or psychologically
(mind, feelings, spirit) - towards the other partner. For example, a boy may behave violently towards his
girlfriend.
Domestic violence (DV): Physical, emotional, and sexual violence by a family member. This violence could
be sexual assault, battery, coercion, and sexual harassment. For example, a man beating his wife or child
because he thinks that a man is the boss of the family and has the right to do this.
Sexual violence (SV): Various sexual acts that are unwanted or forced upon someone else. This may involve
rape, sexual harassment, sexual exploitation, or sex trafficking.

It can include the following:

Sexual trafficking: Abducting girls or women or boys to be sex workers.
Traditional practices such as early and forced marriage.

Causes of Gender-Based Violence:

Although there is never an excuse or justification for GBV, it is important to understand why it occurs. By
understanding these factors, it is easier for us to prevent it from happening or recurring.
Gender Inequality: Due to the inequality between various genders, gender identities that are considered
oppressed are more vulnerable to instances of violence. For example, women are more likely to experience
violence committed by a man. This is because women are historically more vulnerable to oppression based
on gender stereotypes and perceived power imbalances.
Learned Behaviour: GBV is considered ‘normal’ in some communities where cultural and religious practices
regarding masculinity and femininity play a large role in understanding how we should treat various genders.
This suggests the belief that perpetuating violence is normal, and so it becomes a learned behaviour.
The Media: Growing up, children receive indirect messages of what is expected of their gender. For example,
boys are encouraged to engage in rough and tumble play while girls are encouraged to be more submissive.
This type of messaging is especially clear in the media (by the TV we watch, or things we read) that reinforces
aggressive masculinity and thus, normalises GBV.
Other Factors: Alcohol and substance abuse indirectly can cause GBV. Someone who is under the influence
is less inhibited and may feel absolved of accountability, leading them to commit more offenses. In other
instances, transgenerational relationships or ‘sugar daddies’ are also likely to result in GBV as these types
of relationships often involve significantly unequal power dynamics and very young girls who are vulnerable
to rape - because of this power imbalance.

These are not the only factors that play a role in the occurrence of GBV. The lack of resources and places of
safety also play a role.

Effects of Gender-Based Violence

Gender-based violence is detrimental to a victim's life. Victims will experience not only the physical impact,
but also the behavioural and psychological impact.
The consequences of GBV can be:
• Physical - including injury and/or death, acquiring sexually transmitted diseases or infections, such as
HIV, unwanted pregnancies and miscarriages.
• Psychological - such as depression, anxiety, and post-traumatic stress disorder (PTSD), fear, shock and
complex trauma.
• Behavioural - a victim can experience low self-esteem, substance abuse, shame, guilt, living in fear or
suicidal ideations.

EMOTIONAL, HEALTH AND SOCIAL IMPACT OF RAPE AND GENDER-BASED VIOLENCE

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GBV is a profound human rights violation with major social and developmental impacts for survivors of
violence, as well as their families, communities, and society more broadly.

On an individual level, GBV leads to psychological trauma, and can have physical, psychological and
behavioural consequences for survivors. In many parts of the country, there is poor access to formal
psychosocial or even medical support, which means that many survivors are unable to access the help they
need. Families and loved ones of survivors can also experience indirect trauma, and many do not know how
to provide effective support to the survivor.
Shame: People often feel ashamed because they believe that the abuse is their fault, or they feel exposed
in front of others.
Regret and blame: People sometimes regret things they did or said leading up to the abuse. They blame
themselves and think that they caused the violence or abuse. However, it is never the victim’s fault. An abuser
might regret his/her actions after being violent or abusive.
Anger: A common reaction if one is victimised. Anger might cause an abused person to start abusing others
(through physical, sexual, or emotional abuse). Many bullies have been bullied or suffered harsh corporal
punishment themselves.
Depression: Many people who have been abused feel sad, hopeless, powerless and betrayed. This makes
it hard for them to recover, act or feel happy and hopeful again.
Guilt: People often feel guilty when they have been sexually abused because the abuser makes them believe
that they wanted to be abused and that what happened was their fault.
Loneliness: Violence and abuse often make people feel alone. They feel they have no one to talk to about
what happened to them. If someone close to them has abused them they may care about the person and not
want to get them into trouble. They may feel they can’t tell others about it. This is a very lonely situation.
Emotional pain: Can be the result and the cause of crime and violence. When a person is hurt emotionally,
the pain and trauma can affect their behaviour negatively. This could cause them to act violently towards
others.
Sexual violence undermines self-esteem: This means that a person becomes less sure of who they are,
their worth and dignity as a human being, and what they think is important – their values. They may stop
looking after their health and appearance.

Violence and abuse can have a profound effect on health and well-being, it can impact lives in
different ways.

Impacts of GBV and violence for South Africa as a society more broadly:
 South African healthcare facilities – an estimated 1.75 million people annually seek healthcare for
injuries resulting from violence.
 HIV – an estimated 16% of all HIV infections in women could be prevented if women did not experience
domestic violence from their partners. Men who have been raped have a long-term increased risk of
acquiring HIV.
 Reproductive health – women who have been raped are at risk of unwanted pregnancy, HIV, and other
sexually transmitted infections.
 Mental health – over a third of women who have been raped develop post-traumatic stress disorder
(PTSD), which if untreated persists in the long term and depression, suicidality and substance abuse are
common. Men who have been raped are at risk of alcohol abuse, depression, and suicide.
 Violence also has significant economic consequences. The high rate of GBV places a heavy burden on
health and criminal justice systems, as well as rendering many survivors unable to work or otherwise
move freely in society.

PREVENTION OF VIOLENCE AGAINST WOMEN: LAW ON SEXUAL OFFENCES

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Government introduced a new law to protect communities against rape and other sexually related crimes.
The new law is called the Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32
of 2007. This new law, which is also known as the Sexual Offences Amendment Act (SOAA), is required
to protect victims, especially women, children and people living with mental disabilities that have been raped
or have experienced sexual crimes.

The Domestic Violence Act 116 of 1998 allows a victim of domestic abuse or violence to seek a Protection
Order from the Magistrate’s Court against the person who is committing the abuse.

The SOAA helps intensify South Africa’s efforts to fight sexual crimes against all persons and, especially,
sexual offences being committed against vulnerable groups, including women, children and people who are
mentally disabled.

SOURCES OF HELP FOR VICTIMS: SAFETY FOR GIRLS AND WOMEN

Unfortunately, many instances of violence are not reported, possibly out of fear, feeling shameful, or the need
for privacy and not wanting people to know what happened to them. The negative treatment and going
through the reporting and speaking up regarding the incident can also result in what is called secondary
trauma because they have to relive and revisit what has happened to them while reporting it. Reporting allows
survivors of GBV to access the medical, psychosocial and legal services they need to minimise the impact
of the violence on their health and also allows perpetrators to be held accountable.

Some of the rights of victims of rape and related sexual crimes:

1. Dignity and Privacy - When reporting cases to the police and at a public hospital or clinic. When you
report to police, you will be taken to a separate room where you can speak in an office or environment that
you are comfortable with.
2. Information - When you report to a public hospital, you will receive information on procedures required to
have the alleged perpetrator be tested for his or her HIV status and right to receive Post Exposure Prophylaxis
(PEP).
3. Treatment - The courts will appoint a competent person to act as an intermediary in cases where a witness
under the age of eighteen would suffer undue mental stress if he or she were to testify at such proceed ings
without the assistance of intermediary services.

The high prevalence of GBV in our country, cutting across class, race and culture to influence every citizen
in some form, means recognising the signs of abuse, assisting victims and preventing further violence is the
responsibility of every South African.

How can we work together to prevent violence against others?

 Challenge those who accept or condone violence - challenge social attitudes, beliefs, behaviours,
systems and practices that support, justify, excuse, trivialise or downplay violence against women and
their children and not blaming the victim but rather the perpetrator.
 Promote independence - equalise access to power and resources between genders, including by
strengthening women’s economic security, independence and social, political, and economic participation
and decision-making in public life.
 Challenge men’s use of controlling behaviours in relationships and the subtle normalisation of male
dominance in relationships.
 Promote women’s peer support by promoting women’s networks and friendships. Support women’s
collective advocacy and activism.
 Challenge stereotypes and gender roles - encourage children to reject rigid gender roles and develop
positive personal identities that are not constrained by gender stereotypes. Do the same for young people
and adults.
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 Challenge aggressive, entitled and dominant constructions of masculinity and challenge subordinate and
sexualised constructions of femininity.
 Promote and support gender-equitable domestic and parenting practices - strengthen positive, equal, and
respectful relationships.
 Challenge peer relations between anyone that involves hostility or disrespect towards others.

What resources are available to victims of GBV and abuse survivors?

• Crime Stop (All cases of rape, sexual assault, or any form of violence): 0860010111
• Childline (Report child abuse, toll-free line): 0800055555
• Gender-Based Violence Command Centre (24-hour, toll-free line): 0800428428
• Commission for Gender Equality (Report gender discrimination and abuses): 0800 007 709
• Domestic Violence Helpline (Stop Women Abuse): 0800150150

There are many national organisations and programmes that offer both legal and emotional counselling
services for those who have experienced any form of GBV:
• People Opposing Women Abuse (POWA) is a national organisation that provides counselling over
the phone and in person.
• Lawyers Against Abuse is a non-profit organisation that helps survivors consider and pursue their
legal options in cases of GBV.
• Sonke Gender Justice is a national gender advocacy organisation aimed at achieving gender
equality nationally and preventing GBV.
• Safer Spaces is an organisation that stands against crime and aims to prevent violence. It has
compiled a national directory that survivors and others who may need assistance can refer to in the
case of any violence that takes place in the country.

If you do not have the resources to reach out to these organisations, you can also consider talking to someone
that works at your local community centre. These centres often have contacts for social workers and
counselling programmes that they can put you in touch with.
Many of these shelters offer a safe environment to heal and provide free counselling, housing for women and
their children, and free meals for the duration of their stay. To help you get back on your feet, some shelters
also offer career counselling, skills training programmes, referrals to workplaces for you to acquire
employment, and free legal assistance.

In Gauteng you can reach out to: Frida Hartley Shelter or Bethany Home
In the Western Cape you can reach out to: Sisters Incorporated or Saartjie Baartman Centre
In KwaZulu-Natal you can reach out to: Kerr House or The Sahara Shelter

You can also refer to the Safer Spaces or Sonke Gender Justice's national directories to find accommodation
and further assistance in your area.
South African girls and women deserve to live without fear of gender-based violence. If you or someone you
know has experienced gender-based or sexual violence, you can call the SA National GBV helpline on 0800
150 150.

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