Section 10 Of The Constitution: Innate Dignity

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The Constitution
Section 10 of the Constitution asserts the innate dignity of and guarantees that this dignity will be both safeguarded and valued.
Section 16(1) of the Constitution bestows of all the entitlement of freedom of expression. The Constitution, established on the values of human dignity, equality and freedom, omits specific expressions from constitutional protection because of prospective assault on the dignity of others. Section 16(2)(c) of the Constitution, the hate speech provision, withholds constitutional protection for expressions which propagate abhorrence on racial grounds that provokes injury. An expression both promote animosity and encourage injury to constitute hate speech. Importantly, the Constitution allows all expression, rather denying protection to the expressions assigned to section 16(2) of the Constitution. …show more content…

Hate speech is proscribed to circumvent the public order disintegrating into anarchy because of revenge sought by victims thereof, to stop mental and emotional injury to victimized groups which would impede their competence in partaking in community life, to avoid and marginalization of minority factions repudiating similar prospects and advantages and their imperceptible disregard as equal citizens and preclude socio-politico breakdown. Parliament may promulgate statues proscribing expressions exempt from constitutional