O’REGAN J right to privacy9 and right to substantive equality.10 The applicant’s argument was quite different, therefore, from the argument levelled in Phoebus Apollo. It is an argument, albeit in the alternative, that the common-law rule of vicarious liability should be developed to render it consistent with the spirit, purport and objects of the Bill of Rights, and in particular to vindicate the applicant’s constitutional rights and provide a remedy to correspond to the respondent’s alleged constitutional duties. I conclude, therefore, that the respondent is not aided by its reliance on the judgment in Phoebus Apollo. (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; and (c) not to be subjected to medical or scientific experiments without their informed consent.” 8 Section 10 of the Constitution─ “Everyone has inherent dignity and the right to have their dignity respected and protected.” 9 Section 14 of the Constitution─ “Everyone has the right to privacy, which includes the right not to have─ (a) their person or home searched; (b) their property searched; (c) their possessions seized; or (d) the privacy of their communications infringed.” 10 Section 9 of the Constitution─ “(1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination. (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.” 9