(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.
What does the Constitution say about discrimination?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is Section 27 of the South African Constitution?
Section27 is a public interest law center that seeks to influence, develop, and use the law to protect, promote and advance human rights. Their name is drawn from the section in the South African constitution which enshrines everyone’s right to health care, food, water and social security.
What are the laws that protect against discrimination in South Africa?
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment.
What is Section 36 of the Constitution?
Section 36(1) provides that rights may be limited only ‘in terms of law of general application’. This requirement arises from an important principle of the rule of law, namely that rules should be stated in a clear and accessible manner.
What 3 things did the 14th amendment do?
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and …
What are the 3 clauses of the 14th Amendment?
The amendment’s first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
What are the three main values of the South African Constitution?
South Africa is a sovereign and democratic state founded on the following values:
- human dignity, the achievement of equality and the advancement of human rights and freedom.
- non-racialism and non-sexism.
- supremacy of the Constitution.
What are the 5 constitutional rights?
Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all …
What is constitutional law in South Africa?
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country’s courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
What is unfair discrimination and examples?
Discrimination is regarded as unfair when it imposes burdens or withholds benefits or opportunities from any person on one of the prohibited grounds listed in the Act, namely: race, gender, sex, pregnancy, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, …
What are the 9 grounds of discrimination?
The Equal Status Acts 2000-2018 (‘the Acts’) prohibit discrimination in the provision of goods and services, accommodation and education. They cover the nine grounds of gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community.
What are the 2 types of discrimination?
Types of Discrimination
- Age Discrimination.
- Disability Discrimination.
- Sexual Orientation.
- Status as a Parent.
- Religious Discrimination.
- National Origin.
- Sexual Harassment.
- Race, Color, and Sex.
What does Section 35 of the Constitution say?
Section 35 is the part of the Constitution Act that recognizes and affirms Aboriginal rights. … (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
What are the five factors that should be considered when applying section 36 of the Constitution?
Section 36 of the Constitution further specifically provides that when limiting rights all relevant factors must be taken into account, including:
- The nature of the right;
- The importance of the purpose of the limitation;
- The nature and extent of the limitation;
- The relation between the limitation and its purpose; and.
What is the purpose of Section 36 of the Constitution?
South Africa: The South African Constitution has a general limitation clause (section 36) that says that rights may be limited by a law of general application that is ‘reasonable and justifiable in an open and democratic society based on dignity, freedom, and equality’.