An interested person can bring an application to a court on behalf of a person whose human rights are being infringed. Section 38 of the Constitution allows any person to act on behalf of someone else who cannot do so themselves. Further, the interested person could even act on behalf of a group or community of persons who are affected.

Every person has the right to approach a court to resolve any dispute s/he may have with another person or entity (such as a company) through the application of law. This is known as the right to access to courts. This right also includes to have the dispute resolved in a fair public hearing in court or other tribunal or forum, such as an Ombudsman.

A person who feels that his/her human rights have been violated can do the following:
-  Contact the South African Human Rights Commission (“SAHRC”) to lodge a complaint. The SAHRC will resolve the complaint through negotiation, mediation or arbitration.
- Approach a court to enforce his/her right to claim compensation if the limitation caused damages. It is recommended to obtain the assistance of an attorney when approaching the court.
- Lodge a complaint with another institution, such as the Public Protector or a non-governmental organisation.

It may happen that two persons try to enforce their human rights against each other, for example, where one person says something to another who takes offence to what is said. In this example the person who made the statement might want to enforce his/her right to freedom of expression (including freedom of speech). The other person who was offended might want to enforce his/her right to dignity. In a situation like this, the courts will have to make a decision on which right will prevail. The courts will have to weigh the right to freedom of expression of the one person to say what s/he wants, against the other person’s right to not have their dignity impaired. Various factors will be taken into account in deciding which right to limit, such as what has been said and to whom it was said, the reason for the statement and whether the statement was made public or not, and so on.

Apart from the Constitution, there are also various legislation put into place that can protect human rights. For example, the Protection of Personal Information Act 4 of 2013 will protect the right to privacy when it comes into operation, by restricting how a person’s private information may be accessed and used.

The Constitution of the Republic of South Africa (commonly referred to as the Constitution) is the highest law in South Africa. This means that any legislation and decisions of courts must be in accordance with what is stated in the Constitution. The Bill of Rights is a chapter within the Constitution where the human rights are set out, such as the right to life, privacy and fair labour practices. Seeing as the Bill of Rights is a chapter within the Constitution, it is also the highest law in South Africa.

• It is not a legal requirement for a woman to change her last name to her husband's once they get married.
•  Although it is generally required to apply at the Department of Home Affairs to change a surname, no application is necessary in the following circumstances:
  • where a woman assumes the surname of her husband;
  • where a divorced woman or a widow, resumes any surname she had previously, such as her maiden name;
  • where a woman adds another surname to her current surname after marriage, such as a double-barrelled surname.
•  If a woman decides to assume a different surname in one of the abovementioned circumstances, she must still notify the Department of Home Affairs in writing of same to update the population register.

• In the event a couple is unable to conceive and/or give birth to a child due to a medical condition that is permanent and irreversible, they may consider surrogacy.
• Surrogacy is where a woman (“surrogate”) voluntarily undertakes to be artificially inseminated in order to bear and give birth to a child on behalf of another person or couple, also known as the commissioning parent/s.
• Surrogacy is strictly regulated by the Children's Act, which sets out the procedure and requirements for surrogacy to ensure that it is legal.
• In order for surrogacy to be legal, all parties concerned must enter into a written surrogate motherhood agreement that must be confirmed by the High Court within whose area of jurisdiction the commissioning parent/s are domiciled or habitually resident. 
• A surrogate has no parental rights and responsibilities over the child and cannot keep the child or take him/her back in the future.
• A surrogate may terminate her pregnancy in terms of the Choice of Termination of Pregnancy Act. However, the surrogate must inform and consult the commissioning parent/s of her decision to terminate the pregnancy before the termination is carried out.
• Surrogacy is voluntary and a surrogate is not allowed to receive payment or gifts with the intention of coercing her to become a surrogate. The commissioning parent/s may pay for expenses during the pregnancy.

• Section 12 of the Constitution grants everyone the right to freedom and security of the person. It further states that everyone has the right to bodily and physical integrity, which includes the right to make decisions concerning reproduction.
• The right to make decisions concerning reproduction is afforded to persons of all genders, but has the following unique consequences that may only be applicable to women:
• A woman is free to decide whether she wants to have children or not and should not be discriminated against based on her decision;
• A pregnant woman can voluntarily terminate her pregnancy for any reason up to the twelfth week of pregnancy, in terms of the Choice on Termination of Pregnancy Act; and
• A pregnant woman is entitled to maternity leave and employers are not permitted to unreasonably refuse to grant such leave.

• Although section 9 of the Constitution guarantees equality before the law and freedom from discrimination, this right to be treated equally does not mean that everyone should be treated exactly the same. South African courts have held that this right requires people in the same position to be treated in the same manner.
• For example, tax law that stipulates the various tax brackets apply depending on a person's income. There is no “one size fits all” approach providing that everyone must pay the same amount of tax regardless of their income. This differentiation can be seen as fair.

• Discrimination refers to where people or classes of people are treated differently in such a way that it is against the Constitutional right of equality.
• Section 9 of the Constitution provides everyone with the right to equality and not to be unfairly discriminated against based on their race, gender, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.