It protects everyone in the country – not just citizens. The Bill of Rights safeguards the democratic values of dignity, equality and freedom, and demands that basic needs are met.
Kids at a community meeting in Elsies River, Cape Town. South Africa’s Bill of Rights includes a section dedicated to the specific rights of children. (Image: GCIS)
South Africa’s Bill of Rights, chapter 2 of the constitution, is one of the most progressive in the world. It protects the human rights of everyone in the country – citizen, visitor, refugee or migrant.
Its preamble reads:
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The bill was adopted in 1996, just two years after the first democratic elections that finally ended formal apartheid. All laws and organs of state must respect the Bill of Rights. The state must protect and promote the rights it sets out, and make sure they are fulfilled.
But do you really know your rights? Our no-nonsense guide will help you understand your rights, and the rights of everyone else.
You can also read the full text of the Bill of Rights in 11 of South Africa’s official languages.
Jump to your rights:
Equality
Everyone is equal.
You have the right to the same protection by the law as everyone else.
Nobody is allowed to unfairly discriminate against you because of your race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth.
Human dignity
You have inherent dignity.
You have the right to have your dignity respected and protected.
Life
You have the right to life.
Freedom and security of the person
You have the right to freedom.
You have the right not to be deprived of your freedom for no reason, or for an unjust reason.
You have the right not to be put into jail without a trial.
You have the right not to be a victim of violence, whether it’s violence done by other people, or by the state.
You have the right not to be tortured.
You have the right not to treated in a cruel, inhuman or degrading way.
You have the right to control your own body.
You have the right to make your own decisions about pregnancy, childbirth and whether or not you want to have children.
Slavery, servitude and forced labour
Nobody is allowed to enslave you, make you work for no pay, or force you to work.
Privacy
You have the right to your privacy.
Nobody is allowed to search you or your home, take your belongings, or monitor your private conversations, texts, phone calls or emails.
Freedom of religion, belief and opinion
You have the right to practise any religion you want. Nobody may force you to follow a religion.
You have the right to your own opinions and beliefs.
Freedom of expression
You have the right to express yourself freely, to say what you want to say.
You have the right to get information from a free and open media.
You have the right to be told new information and ideas, and to tell other people new information and ideas.
You have the right to create any art you want.
You have the right to learn and research whatever you want.
But you can’t abuse your freedom of expression to encourage war or other violence, or promote hatred for other people because of their race, ethnicity, gender or religion.
Assembly, demonstration, picket and petition
You have the right to come together with other people to demonstrate, picket or present petitions – as long as you do it peacefully, and don’t carry weapons.
Freedom of association
You have the right to spend time with anyone you choose.
Political rights
You have the right to make your own political choices.
You have the right to take part in the activities of any political party, and recruit members for that party.
You have the right to campaign for any political party.
If you are a citizen, you have the right to free, fair and regular elections.
If you are an adult citizen, you have the right to vote in elections for the political party of your choice – and to keep your vote secret. You also have the right to stand for public office and, if elected, to hold that office.
Citizenship
If you are a citizen of South Africa, no-one can take that citizenship away from you.
Freedom of movement and residence
You have the right to freedom of movement – to travel anywhere in South Africa.
You have the right to leave South Africa.
You have the right to live anywhere in South Africa.
If you are a citizen, you have the right to a passport.
Freedom of trade, occupation and profession
You have the right to choose your own trade, job or profession.
Labour relations
You have the right to fair labour practices at work.
Workers have the right to form and join a trade union.
Employers have the right to form and join an employers’ organisation.
Environment
You have the right to live in an environment that does not harm your health or wellbeing.
You have the right to have the environment protected now, and for future generations.
Property
No-one may take your property away from you.
The state may only take your property for specific reasons – for a public purpose or in the public interest. If it does have to take your property, it has to pay you the right price for it.
Housing
You have the right to proper housing.
The state must work to make sure you have housing.
You have the right not to be evicted from your home, or have your home torn down, without a court ordering it.
Healthcare, food, water and social security
You have the right to basic healthcare. This includes the right to reproductive health care – for contraception, pregnancy and childbirth.
You have the right to the food and water you need.
You have the right to emergency medical treatment. If your life is in danger, no hospital or healthcare worker may refuse to treat you.
If you can’t afford to support yourself or your family, the state must help you.
Children
Every child – anyone under 18– has the right to a name and nationality from birth.
Children have the right to be cared for by their parents or family, or to get proper foster care if needed.
They have the right to basic food, shelter, healthcare and social support.
Children must be protected from abuse and neglect.
They also have the right to be protected from work that is harmful or takes advantage of them.
Find out more about children’s rights.
Education
You have the right to basic education, whether you are a child or an adult.
You have the right to further education.
In public schools, universities and colleges, you have the right to be educated in the official South African language of your choice – where this is possible.
Language and culture
You have the right to use whatever language you want, and take part in any cultural life – as long as this doesn’t infringe on the rights of others.
Cultural, religious and linguistic communities
You have the right to enjoy your culture, practise your religion and use your language.
You may also form, join and maintain cultural, religious and language organisations.
But you can’t exercise these rights in a way that infringes on the rights of others.
Access to information
You have the right to access any information held by the state.
You have the right to get any information held by someone else if you need it to protect or exercise your rights.
Just administrative action
You have the right to fair, legal and reasonable decisions by government or public officials.
If a decision harms your rights, you must be given written reasons.
The law must allow you to challenge unfair decisions in court or through an independent body. It must also make sure the government respects your rights and that public services run efficiently.
Access to courts
You have the right to have any legal dispute settled in a fair public hearing by a court or by another independent and unbiased body.
Arrested, detained and accused people
If the police arrest you, you have the right to remain silent. They must tell you this right as soon as possible, and explain what could happen if you do speak.
You have the right to speak to a lawyer.
No-one can force you to say anything that could be used against you in court.
You must be brought to court as soon as possible – within 48 hours, or by the end of the first court day after 48 hours.
At your first court appearance, the court must either charge you with a crime or explain why you are being kept in jail. Otherwise, you must be released.
Limitation of rights
Some of your rights are limited if exercising those rights would infringe on the rights of others. Rights may also be limited under strict conditions such as a state of emergency.
These limitations may only be set out in laws that apply to everyone, and only if the limitation is reasonable and can be justified in a democratic society. The importance of the right must be examined, as must the purpose of the limitation and whether there are less restrictive ways to achieve the purpose.
Rights can never be limited without good reason. And some core rights – non-derogable rights – may never be limited, even under a state of emergency.
The non-derogable rights are:
- Equality
- Human dignity
- Life
- Freedom from torture and cruel treatment
- Freedom from slavery and forced labour
- Children’s rights
- The rights of arrested, detained and accused people
The text in all languages
Read the full text of the Bill of Rights (PDF) in 11 of South Africa’s official languages:
Afrikaans | English | isiNdebele | isiXhosa | isiZulu | Sepedi | Sesotho | Setswana | siSwati | Tshivenda | Xitsonga
Constitutional and statutory bodies
Constitutional Court of South Africa – The highest court in South Africa on constitutional matters. It interprets, protects and enforces the constitution.
South African Human Rights Commission – Independent state institution established by the constitution to promote, monitor and assess observance of human rights.
Public interest law centres and legal advocacy organisations
Legal Resources Centre – Nonprofit public interest law centre that provides legal services to poor and marginalised communities.
Section27 – Public interest legal organisation focusing on access to healthcare services and basic education.
Lawyers for Human Rights – Nongovernmental organisation offering legal services and advocacy, including refugee and migrant rights programmes.
Centre for Applied Legal Studies at Wits University – Human rights law clinic engaged in legal research, strategic litigation and advocacy.
Academic and research-based human rights centres
Centre for Human Rights at the University of Pretoria – Academic department and advocacy centre working to promote human rights through education, research and litigation.
African Centre for Migration & Society at Wits University – Research institute focused on human mobility, migration and related policy issues in the Southern African region.
Social justice and community advocacy organisations
Black Sash – Nongovernmental organisation promoting social justice and access to social protection in South Africa.
Equal Education – Movement advocating for equality and quality in public education, involving learners, parents and community members.
Sonke Gender Justice – Civil society organisation that supports gender equality and works to prevent gender-based violence.
Ahmed Kathrada Foundation – Nonprofit organisation promoting nonracialism, constitutional democracy and active citizenship.
Migrant, refugee and anti-xenophobia organisations
Scalabrini Centre of Cape Town – Nonprofit organisation providing support and advocacy for migrants, asylum seekers and refugees.
Consortium for Refugees and Migrants in South Africa (CoRMSA) – Civil society network that promotes the rights of asylum seekers, refugees and migrants in South Africa.
International human rights bodies in South Africa
Unicef South Africa – South African office of the United Nations Children’s Fund, focusing on child rights, education, health and protection.
UNHCR regional office for Southern Africa – The United Nations Refugee Agency’s regional office supports and protects refugees and asylum seekers in South Africa and neighbouring countries.
Amnesty International South Africa – Branch of the global human rights organisation, focusing on advocacy, campaigns and research on human rights in South Africa.
Human Rights Watch (Africa division) – Monitors and reports on human rights developments in South Africa and across the region, with periodic investigations and advocacy.
News and information
GroundUp – Independent news service reporting on community-level issues, socioeconomic rights, service delivery, housing, education, migration and legal developments.
Spotlight – Public interest health journalism platform monitoring South Africa’s response to TB, HIV, health systems performance and health rights.
Bhekisisa Centre for Health Journalism – Nonprofit health media organisation producing evidence-based reporting on public health policy and social justice impacts.
Africa Check – Nonprofit fact-checking organisation verifying public claims and data across Africa to support informed public debate and counter misinformation affecting policy and rights.
Image credits
All images are in the public domain, licensed as Creative Commons (CC). Credit for specific images as follows:
- Political rights, citizenship, children, communities, just administration, arrested & accused people courtesy of GCIS. Licensed CC BY-ND 4.0.
- Slavery, servitude & forced labour courtesy of Image Journeys. Licensed CC BY-ND 2.0.
- Limitation of rights courtesy of JackAZ Photo. Licensed CC BY-NC-SA 2.0.
- Human rights bodies courtesy of Brian Smithson. Licensed CC BY 2.0.
- All other images courtesy of MediaClub. Licensed CC BY-SA 2.0.
Researched, written and designed by Mary Alexander.
Updated August 2025.
Comments? Email mary1alexander@gmail.com.
Disclaimer: This is a guide. It is not legal advice.
Categories: People
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