Violence from 'private sources' — including family members — is explicitly covered. Bodily and psychological integrity means no one — including a spouse or...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 12 Says
(1) Everyone has the right to freedom and security of the person, which includes the right— (a) not to be deprived of freedom arbitrarily or without just cause; (b) not to be detained without trial; (c) to be free from all forms of violence from either public or private sources; (d) not to be tortured in any way; and (e) not to be treated or punished in a cruel, inhuman or degrading way. (2) Everyone has the right to bodily and psychological integrity, which includes the right— (a) to make decisions concerning reproduction; (b) to security in and control over their body.
What This Means for You
Plain-Language Explanation
Practical Significance
Violence from 'private sources' — including family members — is explicitly covered. Bodily and psychological integrity means no one — including a spouse or parent — can make decisions about your body without your consent.
How to Use This Right
Practical Steps
1If subjected to physical violence from any source — family, partner, or employer — you can apply for a protection order at the Magistrate's Court and open a criminal case.
2If medically treated without consent, report to the HPCSA and consult an attorney about a delictual claim.
Common Questions
Frequently Asked Questions
Does bodily integrity mean I control medical decisions for myself?
Yes. Section 12(2)(b) gives everyone the right to security in and control over their body. No medical procedure may be carried out without informed consent. This includes reproductive health decisions, which Section 12(2)(a) explicitly protects.
Does Section 12 protect against domestic violence?
Explicitly yes. Section 12(1)(c) states "free from all forms of violence from either public or private sources" — the phrase "private sources" means family members and intimate partners are covered. The state has a duty to protect you from private violence.
Knowing the right is step one. The Advocate trains you to use it — 149 real South African scenarios with exact rebuttals, law references, and Scripture. Free to start.