Chapter 1
Conflicts in rights
There are times when one person’s right will conflict with the rights of another person. The South African Bill of Rights says it is acceptable in certain situations to limit rights, if it is reasonable to limit them in the situation, and it is justifiable in an open and democratic society that is based on equality and freedom. Where there is a conflict of rights, and each person thinks their right is more important than the other person’s right, the courts may be approached to decide whose right is more important in a particular situation. (See: Chapter 2: Limitations on Rights)
EXAMPLES
- A school which follows Hindu traditions and customs refuses to take a child into the school because the child is not a Hindu.
The school says they have a right to practice their own religion, culture and belief. The parents of the child argue that it is their right to send their child to any school of their choice. They say their child has a right to education.
The conflict is about the right to education versus the right to practice your own religion, culture and beliefs. - In a rural community some people make a living by chopping down trees for firewood that they sell to the public. The government has appointed an official to protect the environment and to stop people from chopping the trees down.
The conflict is about the right to choose how to earn a living versus the right to an environment that is protected so that people can always live there. - Jon believes he is exercising his right to freedom of expression when he carries a poster around that says, ‘Jews go back to Israel’. But Jewish people have the right to protection against discrimination and to practice their own religion. Jon’s right could probably be limited because this is a form of hate speech, and he is creating dislike or hatred for Jewish people by his actions.