DIGNITY AS A SOCIAL VIRTUE AND LEGAL RIGHT: TOWARDS A SOCIO-POLITICALLY CONSCIOUS AND HUMANITARIAN VIEW
This article proffers a critical appraisal of South Africa's constitutional perspective of the right to human dignity, fundamentally considerate of past injustices, upon which the post-1994 dispensation's natural socio-political obligations are predicated. The article reaffirms the strength found in the notion of human dignity as an essential doctrine and yardstick in the interpretation, application, enforcement and development of human rights and the wellbeing of humans in general. However, it stresses that redressing the past injustices requires going beyond the constitutionally entrenched norms. That, the struggle against apartheid was predominantly predicated on restoring dignity among the oppressed proletariat, achieving a better life, and not about producing the so called 'best constitution' in the world. That is, the rights narrative which does 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 Africa has 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 realising human wellbeing. This has been and continues to be hampered by lack of political commitment by state functionaries, and somewhat wrong choice in policy directives, exacerbated by external influences.