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The Right to Equality and Non-discrimination - the Law

Domestic and international law

Domestic Law

  • The Constitution prohibits all unfair discrimination on the basis of inter alia sex, gender or sexual orientation, whether by the government or by a private party
  • Civil Union Act 2006 allows for same sex marriage
  • Promotion of Equality and Prevention of Unfair Discrimination Act 2002
  • The Employment Equity Act 1998
  • Rental Housing Act 2007
  • Alteration of Sex Description and Sex Status Act (49 of 2003)

International Law

The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity is a set of 29 principles relating to sexual orientation and gender identity, intended to apply international human rights law standards to address the abuse of the LGBT people, and issues of intersexuality. The Principles were developed at a meeting of the International Commission of Jurists, the International Service for Human Rights and human rights experts from around the world, including South African Constitutional Court Judge Edwin Cameron, at Gadjah Mada University on Java, in November 2006.