Equality and Non-discrimination in South Africa: The Political Economy of Law and Law MakingThis study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work. |
Contents
Directive Principles on HIVAIDS Nationality SocioEconomic Status | 226 |
Challenges Of ImplementingEnforcing SocioEconomic | 236 |
The Legal Profession and Legal Services Rights in a Democratising South Africa | 257 |
Comparative Foreign National Equality and NonDiscrimination Laws | 277 |
Resources Human Capacity | 299 |
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affirmative action African Human Rights Afrikaans apartheid application BCLR Bill of Rights Cape Town chapter civil society clause Constitutional Court Convention criminal cultural democratic differentiation economic Employment Equity enforcement Equality Act equality and non-discrimination Equality and Prevention equality courts equality legislation Gauteng groups Gutto harassment hate speech High Court HIV/AIDS human dignity implementation inequalities institutions interim Constitution international law interpretation issues Johannesburg judges judicial officers Judicial Service Commission judiciary jurisprudence Justice and Constitutional justiciability labour Legal Aid legal services magistrates matter measures Minister national legislation NGOs organisations Parliament parties person political practices Preamble presiding officers Pretoria Prevention of Unfair principle prohibited grounds promote equality promotion of equality protection provisions race racism reasonable relevant Republic of South responsibility rights and freedoms role SAHRC social socio-economic rights South Africa status submissions subsection Supreme Court tion unfair discrimination Western Cape women