Page:Fourie v Minister of Home Affairs (SCA).djvu/45

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
45


(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.

(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.’

‘10. Everyone has inherent dignity and the right to have their dignity respected and protected.’

‘31. (1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community―

(a) to enjoy their culture, practise their religion and use their language; and

(2) The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.

(2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.’

‘36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and