10.2. How can you enforce your rights?

* Anyone can enforce their rights by bringing a case to court. The Constitution says that every court must promote the spirit and aims of the Bill of Rights whenever it makes a decision.
* The Constitutional Court is the highest court in South Africa that hears cases that may be seen to violate the Constitution. It was specially created to:
- Interpret the Constitution.
- Decide if a law or an action by someone violates the Constitution.
- Hear only cases involving constitutional rights.
* Most of the cases heard by the Constitutional Court usually begin in a High Court. Once the High Court has made its decision, the Constitutional Court may be asked to decide if the decisions of the High Court are correct.
* Going to court to enforce your rights is unfortunately very expensive and not everyone can afford it. There are, however, other ways for you to enforce your rights. The Constitution has set up different statutory bodies to protect and promote human rights:
- The Public Protector
- The South African Human Rights Commission
- The Commission for Gender Equality.
* Members of the public can make complaints to these bodies. They will then investigate the complaint and decide whether to take the case to court on behalf of the person complaining.
* The Constitution recognises that some human rights may be 'limited'. It says that limitations must be:
- Set out in laws that treat everyone equally.
- Reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom' (section 36).


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