DIGNITY AS A SOCIAL VIRTUE AND LEGAL RIGHT: TOWARDS A SOCIO-POLITICALLY CONSCIOUS AND HUMANITARIAN VIEW
DIGNITY AS A SOCIAL VIRTUE AND LEGAL RIGHT: TOWARDS A SOCIO-POLITICALLY CONSCIOUS AND HUMANITARIAN VIEW

Summary/Abstract: This article proffers a critical appraisal of South Africa’s constitutional perspective of the rightto human dignity, fundamentally considerate of past injustices, upon which the post-1994dispensation’s natural socio-political obligations are predicated. The article reaffirms thestrength found in the notion of human dignity as an essential doctrine and yardstick in theinterpretation, application, enforcement and development of human rights and the wellbeing ofhumans in general. However, it stresses that redressing the past injustices requires going beyondthe constitutionally entrenched norms. That, the struggle against apartheid was predominantlypredicated on restoring dignity among the oppressed proletariat, achieving a better life, and notabout producing the so called ‘best constitution’ in the world. That is, the rights narrative whichdoes nothing to foster a social commitment and humanitarian progress is fundamentally hollow,and thus will not deliver the dream of a better life for all. It is however asserted that South Africahas succeeded in embedding the strong norms at the bedrock of the social and legal systems.Nonetheless, these norms have not meaningfully infused into social realities towards realisinghuman wellbeing. This has been and continues to be hampered by lack of political commitmentby state functionaries, and somewhat wrong choice in policy directives, exacerbated by externalinfluences.

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