10.3. Are there limitations on certain rights?

* Pharmaceutical company rights may be limited. Pharmaceutical companies normally sell patented drugs - drugs that nobody else may manufacture. These rights may be limited to allow others to manufacture and sell generic medicines at a more affordable price to the people. Some expensive drugs from well-known companies may have a generic equivalent - a cheaper medicine that can be used in its place.
* The rights of people with HIV to privacy may NOT be limited on the grounds that employers want to know who has HIV.
* If South Africa goes to war, faces a national emergency or if there is a massive breakdown of law and order, then some rights can be limited or withdrawn.
* Rights that CAN be limited or withdrawn:
- The right to freedom of movement
- The right to demonstrate
- The right to form a political party
* But the Government will have to prove to the courts that these limitations are 'strictly required by the emergency', and that there are no less restrictive ways of dealing with the situation.
* Some of the rights in the Bill of Rights that CAN NEVER be taken away, even in a state of emergency:
- The right to equality on the grounds of race and sex
- The right to dignity
- The right to life
* The Bill of Rights includes important rights that can be used to end discrimination against people living with HIV or AIDS and improve their social and economic living conditions. But the full achievement of these rights needs responsible action by everyone - not just government or large employers.
* Every individual, association, organisation, company and government body has a duty to respect the rights of others. This means that you are responsible for checking your own actions to make sure that they are not violating someone else's rights.
* Some rights in the Bill of Rights place a responsibility on all people and not just government, for example:
- Everyone has the right to privacy - this means we must all respect the right to privacy of other people.
- To develop a society based on human dignity, equality and freedom, we all have a responsibility to learn about, enforce, respect and promote the rights of other people.
- end of chapter -



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