Failure to recognise a third gender option: Unfair discrimination or justified limitation? pgs 90-120
Written by Rachel Sloth-Nielsen
This article seeks to answer the question of whether the State’s failure to recognise a third gender option for transgender non-binary individuals amounts to unfair discrimination or whether this limitation could be justified. After a brief conceptual framework is discussed, the article looks at the right to equality as found in section 9 of the...
Understanding, protecting, promoting and entrenching rule of law: What individuals, constitutional institutions, state entities and civil society must do
Written by Justice Mahomed Solomon Navsa
The gains of the struggle against apartheid must be consolidated through the establishment of the rule of law: this was the central message in Justice Navsa’s address as speaker at the Dean’s Distinguished Lecture, delivered at UWC Faculty of Law on 24 October 2019. In an age where the Constitution is under attack from many sides, Justice Navsa emphasised the importance of fulfilling the promises of that Constitution, not only by government and public officials, but by each citizen...
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