Interesting and informative post. , Would you venture to have an opinion then how this could relate to the Falou matter in regard to R A upholding the [ or their ] affirmed ] terms and conditions of Izzy"s contract or conversely Izzzy "s claim of unfair dismissal
Hi Manly al, my opinion on this issue has little to no relevance. We all have an opinion, and these topics are no different to politics and religion. They just create a great deal of controversy, and the arguments for and against have great merit. The arguments could go on for many years to come. I am deeply vested in law, however, Human Rights absorbs a great deal of my work so my views will always be bias (If you don't fight for your rights you don't have any).
Firstly, I was responding to a post that was wanting to be shown through legislation or common law where our rights are legislated (this really had nothing to do with Izzy's legal matter to start with).
But since you have asked my friend (although the post was not intended to assert any foundation in the Izzy case, rather an observation of our rights at law), It may have extensive and great relevance, particularly if the limbs of Article 19 are combined with Article 18
Article 18
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
No contract can be enforceable if it breaches the element of legality. Having terms or conditions that encroach an individual's rights, are sufficient grounds to render the agreement/contract unenforceable or invalid. If the invalid clause can be read down and the contract can remain on foot, then a court may allow for the existence of the contract (minus the offending terms and conditions). Should that not be achieved, the courts will generally terminate/rescind the contract as a whole.