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29 March 2023 | Story Valentino Ndaba | Photo Valentino Ndaba
On 22 March 2023 students gathered on the Bloemfontein Campus for a celebration honouring Human Rights Day.

“As people we have the right to feel safe within the environment in which we live, no matter the circumstances. We cannot walk on the streets being fearful of what might transpire. We have the SAPS which has the constitutional obligation to make sure we feel safe. On campus as students, we also have access to Protection Services, which is tasked with ensuring our safety. It is crucial to understand that we have this section 12 right to safety, because safety is not a privilege, it’s a right,” said Lutho Makhofola during a human rights celebration held on the University of the Free State’s Bloemfontein Campus on 22 March 2023.

Lutho, a fourth year LLB student, is one of many Human Rights ambassadors who are part of the Free State Centre for Human Rights (FSCHR) which hosted the Human Rights Day celebration. The ambassadors led a dialogue with other fellow students under the national theme: ‘Consolidating and Sustaining Human Rights Culture into the Future’. In addition to robust discussions, students also tested their knowledge of the with a quiz before signing a pledge committing themselves to becoming livelong advocates for human rights.

Remembering 1960

Dr Annelie De Man, Coordinator in the Advocacy Division of the FSCHR, said the event was about celebrating the present while reflecting on the past. “The aim is to raise awareness around matters of human rights in celebration of Human Rights Day observed on 21 March.” 

Human Rights Day in South Africa commemorates the Sharpeville Massacre which took place on 21 March 1960 where 69 died and 180 were injured when police opened fire on a crowd that had gathered to peacefully protest the pass laws. We now have the opportunity to contemplate on South Africa’s road to democracy, the realisation of change, and the advancement of human rights awareness both in the academic setting and society at large since this significant day in our nation's history unfolded 63 years ago.

Significance for students

According to Limeque Redgard, Student Assistant at the FSCHR and a former Human Rights ambassador, the purpose of the FSCHR Human Rights Day commemorative event was to inform and educate students about their rights, particularly the rights that apply to the university setting, to encourage reflection on those rights and how to exercise them responsibly.

“I believe that such events are important for students because we are in such a diverse space within the university, therefore such events bring us together for a common purpose and allow us to celebrate each other's diversity. Furthermore, the goal is to equip students for the world.”

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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