South Africa: Constitutional Assembly Resources

AKSIE MORELE STANDAARDE
ACTION MORAL STANDARDS
Verwoerdburg

Submission:

Provision to be made to include a RIGHT TO THE PROTECTION OF THE FAMILY AND OF MARRIAGE to the new constitution.

* In terms of the Constitutional Principle (ii) of the Interim Constitution everyone shall enjoy all the universally accepted Human Rights which shall be provided protected by the Constitution.

* However, the New Constitution adopted on 8 May 1996 by the Constitutional Assembly does not directly provide for a right of protection of family and marriage.

* This right is indeed universally protected and evidenced by interalia the following:

(i) Section 12 of Universal Declaration of Rights of the U N (1948)

(ii) Article 10 of Internal Covenant on Economic, Social and Cultural Rights(1966)

(iii) Article 23(1) of the International Covenant of Civil and Political Rights (1966)

(iv) Article 8(1) and (12) of the European Convention of Human Rights (1950)

(v) Article 5(d)(iv) of the International Covenant on the Illimination of all of Racial Discrimination (1965)

(vi) Part 1(16) of the European Social Charter (1961)

(vii) Article 18 of the Banjul Charter on Human and People's Rights (1981) - (The African Charter of Human Rights)

(viii) Article 6 of the German Basic Law (1949)

(ix) Article 41 of the Irish Constitution (1937)

* In view of the above it is submitted that the New Constitution must be amended to make provision for the inclusion of a right on the protection of the family and of marriage.

Prof J C van der Spuy
(Chairman of Action Moral Standards)