Key elements of a Democratic State
- a) There is an online article published by Erika Serfontein titled Humans: The Biggest Barrier to Realizing Human Rights –A South African Perspectiveposted on October 3, 2020.The article elaborates on the violation of the element of achievement of equality in South Africa. Achievement of equality as a critical element of a democratic state can be defined as the attainment of fair treatment of all citizens of that particular state. This inequality may be in terms of gender, color, race, economic opportunities, social classes, and leadership positions, among others. It implies that people should not be given a chance because they are of a particular gender or social class but for their qualifications and that all are allowed to get equal opportunities.
- b) Achievement of equality has been infringed in many instances in the South African State. The fact that it is a democratic state means that the citizens should be treated with sameness no matter the difference that each citizen possesses. Various groups in the country are treated differently. There is no equality.Some groups seem to have it all while other groups sink in utter poverty. In the article, it is clearly stated that groups are enjoying more power and social status than other groups. The government seeks to protect only a few humans while ignoring the needs of other humans. Equality is nowhere in the picture. Another instance highlighted is on employment opportunities. There is the unequal treatment when it comes to employment; in that, few people have a direct pass to jobs while others struggle and eventually turn to illegal ways of earning a living.
When it comes to the distribution of resources, there has to equal assessment of the citizens’ needs, and all should be given equal access to government resources. However, this is not the case for South Africa; there is evident unfairness in resource distribution. In the article, we are shown how pensioners are left without resources because the government considered other few humans and their selfish needs.
Gender equality is one of the most debated topics around the globe. Women are often viewed as weaker sex as compared to men; A clear violation of the element of achievement of equality. The article (Serfontein, chapter 7) illustrates how women are not viewed as equals, and sadly, for this reason, they are offered fewer opportunities as their counterparts enjoy more opportunities in all sectors of the economy.
There can be no attainment of equality if there is the misuse of resources by one group. Most of the resources made available to one group are misused and used for personal gain. Contrary to what equality spells out, these groups do not care about other parties. As a result, the country only lags because the achievement of equality is far from reached if citizens do not care about each other and the right to equal opportunities and treatment.
Table.1
| Universal Declaration of Human Rights | Freedom Charter | Bill Of Rights | Relevant Picture |
| Article 2 Everyone is entitled to all the rights and freedoms outlined in the Universal Declaration of Human Rights without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth, or another status.
| All National Groups Shall Have Equal Rights. There shall be equal status in the bodies of the state, in the courts, and schools for all national groups and races. All apartheid laws and practices shall be set aside.
| The Right to Equality. All South African Citizens have the right to equal treatment. No one should be discriminated based on gender, color, sexual orientation, disability, or any other reason. | |
| Article 3. All have the right to life, liberty, and personal security. | There Shall Be Houses Security And Comfort. All people shall have the right to live where they choose, to be decently housed, and to bring up their families in comfort and security.
| Right to Housing. All have a right to decent housing, and the government should not take a house rightfully belonging to someone. | |
| Article 7 Everyone is considered equal before the law and is entitled without any discrimination to equal protection of the law.
| All Shall Be Equal Before The Law. No one should be imprisoned, deported, or restricted without a fair trial. Every law which discriminates based on race, color, or belief shall be repealed.
| Right to fair administrative action. All South African Citizens are equal before the law, and all have a right to fair and reasonable administrative procedures. | |
| Article 23 Everyone has the right to work and free choice of employment, to just and favorable conditions of work and protection against unemployment.
| The Land Shall Be Shared Among Those Who Work It. Restrictions of land ownership on a racial basis shall be ended, and all the land shared amongst those who work it, to banish famine and land hunger; The state shall help the peasants with implements, seed, tractors, and dams to save the soil and assist the tillers; Freedom of movement shall be guaranteed to all who work on the land. | Freedom of occupation and profession. All citizens should have a right to choose where they want to work and in which specific job without being forced. | |
| Article 18. All have the right to freedom of thought, conscience, and religion. This right constitutes freedom of change of religion, freedom to be alone or in community with others and in public or private, to manifest their religion or belief in teaching, practice, worship, and observance.
| All shall enjoy equal human rights. All are entitled to preach what they believe and a right to worship in their chosen religion. | Freedom of religion, opinion, or belief. Every South African has a right to their own opinion, faith, religion, and freedom of conscience. |
Fig.1 The relationship between the different arms of government
b)
Fig. 2 The legislative process
Work Cited
- Cockrell, Alfred. “The South African Bill Of Rights and the Duck/Rabbit.” Modern Law Review,513-537.
- Serfontein, Erika. “Humans: The Biggest Barrier to Realizing Human Rights-A South African Perspective”
- The United Nations: Universal Declarations of Human Rights.
AuthorLastName, FirstName. Title of the Book Being Referenced. City Name: Name of Publisher, Year. Type of Medium (e.g., Print).
LastName, First, Middle. “Article Title.” Journal Title (Year): Pages From – To. Print.