The act covers all forms of discrimination in the workplace, including selection for a job, training, promotion, work practices, dismissal or any other disadvantage such. In connection with this, the act on the ombudsman for equality 282014 and the act on the national discrimination and equality tribunal 272014 also entered into. The equality act can also be used by all the people of south africa, including employers and employees, for disputes not provided for in the ee act, such as hate speech. The act means treating everyone fairly, with dignity and respect. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. The right to equal education in south africa social. In terms of lifestyle and health status, new forms of discrimination are emerging. The act was accompanied by the establishment of a network of equality courts for the quick and effective.
If youve been discriminated against, you may be able to do something about it. Protected characteristics employmentlinks linklaters. On 1 october 2010 the equality act 2010 came into force and increases the number of people to whom duties are owed by service providers under anti discrimination legislation. To give effect to section 9 read with item 231 of schedule 6 to the constitution of the republic of south africa, 1996, so as to prevent and prohibit unfair discrimination and harassment. What is clear, is that the equality acts protected characteristics only protect less favourable treatment in a limited number of circumstances. The high court found that the untimely delivery of textbooks violated learners rights under the south african schools act 84 of 1996 sasa, and section 195 of the constitution of the republic of south africa constitution on basic values and principles governing public administration. This chapter is not designed to be a comprehensive summary of equality law. Equality constitutional adjudication in south africa. The equality act 2010 is available online for anyone to read and it is accompanied by official explanatory notes.
The equality act 2010 the 2010 act extended this provision so that employees are now also protected from third party harassment when it is related to age, disability, race, religion or belief, or sexual orientation as well as to sex and gender reassignment. Instead, it presents an outlook on some of the key challenges. Firstly, in predemocratic south africa, inequality and systemic discrimination were faultlines in violent conflict. Types of discrimination victorian equal opportunity and. For information about the equality act 2010 and your rights in bsl go to discrimination. A summary guide to your rights, click on equality act 2010. Promotion of equality and prevention of unfair discrimination. It replaced previous anti discrimination laws with a single act, making the law. Equality act united states, a bill in the united states congress that would ban discrimination on the basis of sexual orientation and gender identity promotion of equality and prevention of unfair discrimination act, 2000, commonly referred to as the equality act, an act of parliament of south africa. Equality act 2010 employer liability for harassment of. Disability and equality in south africa research brief on globally, people with disabilities are marginalised and excluded from full participation in society. Instead advisors are encouraged to use this as a starting point to direct further reading. Equality act 2010 types of discrimination new definitions this document is a useful guide and highlights the definitions as laid out in the new equality act 2010 and should be read in conjunction with any existing university policies and procedures that refer to discrimination, harassment and victimisation. The ehrc is an independent statutory body with the responsibility of overseeing and enforcing the equality act.
Jul, 2018 cge commission for gender equality cge act commission for gender equality act 39 of 1996, as amended cedaw convention on the elimination of all forms of discrimination against women constitution constitution of the republic of south africa, 1996 dgru democratic governance and rights unit. Perhaps diversity would be easier to achieve if we replaced the protected characteristics with a general obligation not to treat someone less favourably because of any characteristic, rather than a. This fact sheet provides a brief overview of the rights afforded to workers under the provisions of the equality act 2010. Equality act 2010 discrimination and your rights citizens. Equality act 2010discrimination in schools lexispsl. As for whether this legal framework is effec tive, i think the answer is different for each of the countries of the uk. The equality act 2010 and the disability discrimination act dda can and does have an affect on you as a crps patient or chronic pain sufferer on a day to day basis. Interpretation 1 in this act, unless the context otherwise requires cabinet secretary means the cabinet secretary for the time being responsible for matters relating to gender. Patriarchy is still entrenched amongst all ethnic groups. During apartheid, south africa was described as one of most. This practice note discusses the sections of the equality act 2010 which activate prohibitions on discrimination in schools, the different types of discrimination including sex, race, religion or belief, age, marriage or civil partnership and disability, and the exceptions. During apartheid, south africa was described as one of. Equality act 2010 2010 chapter 15 an act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socioeconomic inequalities. Equality lies at the very heart of the constitution, 10 and is a foundational value.
The constitutionally entranced right to equality and the equal protection and benefit of. Equality act 2010 definition of equality act 2010 by. Commission for gender equality act south african government. Chapter the right to equality and nondiscrimination in the administration of justice as shown by the world conference against racism in durban, south africa, in 2001, the challenge facing governments, nongovernmental organizations and civil. Equality act 2010, section 189 is up to date with all changes known to be in force on or before 17 may 2020. Your businesss policies for recruitment, promotion and. Understanding legal definitions of discrimination and unlawful behaviour in the equality act. The equality act 2010 brought together 116 individual pieces of legislation relating to discrimination across all facets of uk society for lesbian, gay, bisexual and transgender lgbt people, the act bans discrimination in many areas of our lives. The equality courts as a tool for gender transformationthe equality courts as a tool for gender transformation 5.
Perceived discrimination, race and health in south africa. Equality act 2010 protected characteristics forum of. The constitution is the highest law in the country and it was adopted to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. Even as a young student in south africa, he demonstrated his strength of character by tirelessly.
The equality act has been revised since the beginning of 2015 as part of the overall reform of the non discrimination act and related acts. Section nine of the constitution of south africa guarantees equality before the law and freedom from discrimination to the people of south africa. The commission was inaugurated on 02 october 1995 under the human rights commission act 54 of 1994 and as provided for by the constitution of the republic of south africa act 200 of 1993. Incorporates the many new developments in discrimination law since 2002, including the equality act 2010, human rights law, and eu law. To download an online copy of the equality act 2010. The equality act 2010 was introduced to legally protect people from discrimination in the workplace and in wider society the act came into force on 1st october 2010. The promotion of equality and prevention of unfair discrimination act 4 of 2000 the equality act is the principal instrument to prevent and punish discriminatory policies in education in south africa.
Equality between men and women is one of the most important aims of the constitution. The purpose of bringing in the equality act 2010 was so it could bring together a number of existing laws into one place so that it is easier to use. It replaced previous anti discrimination laws with a single act, making the law easier to. Racial harassment and discrimination in the usa and the courts 33 3.
Before that date, there were several separate legislative acts such as the race relations act, disability discrimination act and sex discrimination act, each of which covered different aspects of discrimination. Equality act 2010 types of discrimination new definitions. Pepuda is a comprehensive south african anti discrimination law which prohibits unfair discrimination by the government and by private organisations and individuals, and forbids hate speech and harassment. Promotion of equality and prevention of unfair discrimination, regulations relating to the gn r764 in gg 25065 of june 2003 act to give effect to section 9 read with item 23 1 of schedule 6 to the constitution of the republic of south africa, 1996, so as to prevent and prohibit. The meaning of unfair discrimination in south africa. Act 22 of 14 from date to be proclaimed amended by commission on gender equality amendment act 17 of 20 from 26 nov 20. Equality act 2010 the history of education in england pdf. Feminism human rights and gender equality in south africa. The equality act 2010 what does it mean for service. Discrimination law hardcover sandra fredman fba oxford. Constitution constitution of the republic of south africa, 1996 dgru democratic governance and rights unit.
South africa also has international obligations under binding treaties and customary international law in the field of human rights which promote equality and prohibit unfair discrimination. There are changes that may be brought into force at a future date. To assess the levels of perceived acute and chronic racial and nonracial discrimination in south africa, their association with health, and the extent to which they contribute to racial differences in physical and mental health, data were used from a national probability sample of adults, the south african stress and health study sash. Equality act can also be used by all the people of south africa, including employers and employees, for disputes not provided for in the ee act, such as hate speech. The act is intended to simplify the law by bringing together existing anti discrimination legislation. Understanding legal definitions of discrimination and. In south africa, people with disabilities face multiple forms of discrimination in various social spheres, including in respect of access to health care services, employment and. The wording of the clause is typical of modern constitutional framework in the. Pregnancy and maternity discrimination citizens advice.
Ban on age discrimination in the provision of services, public functions and associations. Section nine of the constitution of south africa wikipedia. Employers duty to protect employees from racial harassment and. The formulation of equality clause in the south african. There is also official guidance published by the equality and human rights commission. Among these obligations are those specified in the convention on the elimination of all forms of discrimination against women and the convention on the elimination of all forms of racial discrimination. The equality act 2010 provides a single, consolidated source of discrimination law.
Wales older peoples commissioner says she is disappointed and concerned at a lack of progress made by the uk government on sections of the equality act 2010 ruth marks said it was worrying that the section providing new rights relating to the elimination of unfair age discrimination in the provision of goods, services, and public functions for those aged 18 and over has been delayed until. This act may be cited as the national gender and equality commission act, 2011. Jun 16, 2015 the equality act 2010 legally protects people from discrimination in the workplace and in wider society. Viki galt, disability information officer, information services sheila williams, director, student disability service the equality act aims to simplify and consolidate previous anti discrimination laws such as the dda, sex discrimination act etc replaces disability discrimination act and the disability equality duty most of the act came into effect october 2010 covers 9 protected. The equality act 2010 has replaced the equal pay act 1970, sex discrimination act 1975, race relations act 1976, disability discrimination act 1995, employment equality religion or belief regulations 2003, employment equality sexual. The formulation of equality clause in the south african constitution 19961 is potentially controversial particularly in relation to the kinds of interpretations that the clause lends itself to.
Equality act 2010 disability discrimination burning. This research brief does not aim to provide a comprehensive overview of equality in the context of disability in south africa. Promotion of equality and prevention of unfair discrimination act. This protects against six forms of prohibited conduct because of nine protected characteristics in a range of contexts. The constitution also created a commission on gender equality cge to act as a watchdog to make sure that women are not discriminated against. The promotion of equality and prevention of unfair discrimination act 4 of 2000 intends. The sex, race, disability discrimination and equal pay acts, sexual orientation and religionbelief regulations and age discrimination regulations were all replaced by the provisions of the equality act. Equality act 2010discrimination in schools practice notes. These provisions are expected to come into force on 1st october 2010.
The equality act 2010 calls this pregnancy and maternity discrimination. The south african human rights commission sahrc was also set up under the constitution to help people who have been. The designers of the equality courts identified several major barriers to litigation that could be addressed through an alternative court system. Helen ladd abstract a major task of south africa s new government in 1994 was to promote racial equity in the state education system. One of the ways in which the government has tried to address the high levels of inequality that characterise the south african labour market, is through an extensive process of legislative reform, which includes the employment equity act. Includes recruitment and disabled people, reasonable adjustments at work and access to work. Read this page to find out more about pregnancy and maternity discrimination.
The equality act made it onto the statute book on 8th april 2010 just prior to the general election. This paper evaluates progress toward this goal using three distinct concepts. S 1, 3, 9, 11, title amended by public service laws amendment act 47 of 1997. The promotion of equality and prevention of unfair discrimination act, 2000 pepuda or the equality act, act no. Extensive comparative coverage including the us, india, canada, and south africa, as well as the uk, eu, and echr. The equality act 2010 is concerned with discrimination and harassment in respect of nine protected characteristics but does it need to be expanded. South africa has been characterised by great number of discriminatory practices in the past, some of which still persist today. In order to address this problem, south africa created equality courts under the promotion of equality and prevention of unfair discrimination act of 2000 pepuda. It prohibits both discrimination by the government and discrimination by private persons. An act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socioeconomic inequalities. Changes that have been made appear in the content and are referenced with annotations. Intelligence agency and the south african secret service.
Discrimination under the equality act 2010 morrish solicitors. The equality act provides for those excluded from the employment equity ee act, thereby including the unemployed and members of the aforementioned governmental agencies. The new act will bring together all existing legislation relating to discrimination, including the disability discrimination act 1995, to create a single consistent. This equality right is the first right listed in the bill of rights. The monitoring and protection provisions mainly relate to the public sector duty established under the equality act 2010,2 and the specific du.
The reasons why this article focuses on the right to equality are the following. However the parttime workers regulations and fixedterm employees regulations remain in force. The equality act sets out your responsibilities as an employer and how you provide services to the public. Equality and racism is one of the eight focus areas identified by the south african human rights commission in order to effectively fulfil its constitutional mandate of promoting, protecting and monitoring the realisation of human rights in south africa. South africa s history of colonialism and apartheid has created deep patterns of inequality and poverty. The equality act 2010 legally protects people from discrimination in the workplace and in wider society. The south african experience article pdf available in international journal of discrimination and the law 94 january 2010 with 95 reads how we measure reads. Before that date, there were several separate legislative acts such as the race relations act, disability discrimination act and sex discrimination act, each of which covered different aspects of discrimi. Sep 24, 2010 as promised in issue 36 of the bottom line express, the masterclass in this issue takes a look at indirect discrimination, victimisation and equal pay under the equality act 2010.
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