posted on Nov, 29 2011 @ 08:12 AM
Just some info of the SA Bill of rights.
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.
i. Discrimination based on affirmative action- when the discrimination is giving blacks, women or disabled persons opportunities, it is legal.
ii. Discrimination based on the inherent requirements of a job- For example, a person with poor eyesight would not be qualified to work as a
iii. Fair compulsory discrimination by law- South African law does not allow children younger than 15 to work and pregnant women cannot work 4 weeks
before they have a child and 6 weeks after having a child.
iv. Discrimination based on productivity- if some workers do better work than others, the better workers will be promoted before the workers who are
not as productive.
So discrimination is allowed if the above criteria is met.