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The Right to Equality and Non-discrimination

South Africa's progressive legislative framework for the protection of LGBTI people is celebrated. Ours is the only Constitution including a sexual orientation clause and the Civil Union Act of 2006 allows for the marriage of same sex couples.

The Right to Equality and Non-discrimination

LGBTI IN BRIEF
South Africa's progressive legislative framework for the protection of LGBTI people is celebrated. Ours is the only Constitution including a sexual orientation clause and the Civil Union Act of 2006 allows for the marriage of same sex couples. Nonetheless, this community faces continued discrimination and a catalogue of hate crimes. Black lesbians and transgender women are at particular risk and are subject to rape that is intended to "cure or punish their non-conforming sexuality." In 2010 Judge Jody Kollapen, the former chair of the South African Human Rights Commission, traced violence directed against lesbians to institutionalised prejudice and the widespread problem of violence within South African society. Violence against black lesbians, transgender men, and gender nonconforming people happens in a broader context of violence, including sexual and gender-based violence, misogynistic social attitudes, and patriarchal cultural norms.2 The National House of Traditional Leaders has argued that sexual orientation should be removed as a listed category from Section 9 of the Constitution, which outlaws discrimination. However, the DOJ&CD has established a national task team, consisting of LGBTI organisations and government departments, to make recommendations on how to deal with hate crimes against the LGBTI community.

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The Law
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Interviews
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The Project