Best Civil & Human Rights Lawyers in Port Elizabeth

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Van Heerdens Attorneys

Van Heerdens Attorneys

Port Elizabeth, South Africa

Founded in 2013
10 people in their team
OverviewVan Heerdens Attorneys is one of Port Elizabeth’s most innovative and respected specialist providers of divorce and family law solutions.We...
Afrikaans
English

About Civil & Human Rights Law in Port Elizabeth, South Africa

The law on Civil and Human Rights in Port Elizabeth, just as in all parts of South Africa, is entrenched in the South African Constitution - known for being one of the most comprehensive and forward-thinking constitutions in the world regarding human rights. These rights include equality, human dignity, freedom of speech and association, and the right to a fair trial. The South African Human Rights Commission is responsible for monitoring, educating, and investigating violations of human rights.

Why You May Need a Lawyer

You may need a lawyer in situations where you believe your civil or human rights have been violated. Examples could include discrimination on the basis of race, sex, age, or disability, police misconduct, violations of your right to free speech or assembly, and unfair treatment by a government body or official. A lawyer can guide you through the process, help you understand your rights, and represent you in court or in submissions to the Human Rights Commission.

Local Laws Overview

The main local law relevant to Civil & Human Rights in Port Elizabeth is the Constitution of the Republic of South Africa, and particularly Chapter 2, the Bill of Rights. It guarantees everyone all the rights in the Bill, and South African law is bound to promote and fulfill these rights. The Promotion of Equality and Prevention of Unfair Discrimination Act is also key to address any form of prejudice or discrimination.

Frequently Asked Questions

Can I make a human rights complaint against the government?

Yes, you can make a complaint against the government if you feel that it has violated your civil or human rights. Your lawyer can guide you on the procedure for doing this.

What constitutes a violation of human rights?

A violation of human rights occurs when your rights, as outlined in the South African Bill of Rights, are breached. This could be in the form of discrimination, torture, or denial of basic needs.

Do I need a lawyer to submit a complaint to the Human Rights Commission?

While a lawyer is not mandatory to make a complaint to the Human Rights Commission, they can guide you through the process and offer critical legal advice.

What is the process to have my rights recognized in court?

Your human rights are automatically recognized by South African law. If they are violated, you can take the matter to court by filing a claim with the assistance of a lawyer.

Can foreign nationals claim human rights in South Africa?

Yes, the South African constitution provides for the human rights of everyone within the country, including foreign nationals, to be respected and protected.

Additional Resources

The South African Human Rights Commission, Legal Aid South Africa, and the Centre for Constitutional Rights are valuable resources to learn more about your rights and to seek help if they are violated. You can also consult the Constitution of South Africa, particularly the Bill of Rights.

Next Steps

If you feel that your civil or human rights have been violated, contact a lawyer specializing in these matters right away. They can guide you on the necessary steps to take and represent your case effectively in any proceedings.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.