Page 160 - สิทธิมนุษยชนของบุคคลที่มีความหลากหลายทางเพศ

BACKGROUND INFORMATION

1994: SOUTH AFRICA

The interim South African Constitution of 1994 included
çsexual orientationé in the equality provision. The provision

was expanded in the final constitution of 1997, and
presently reads as follows:

9 (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.
9 (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 such discrimination.

9 (5) Discrimination on one or more grounds listed in
subsection (3) is unfair unless it is established that the

discrimination is fair.

Mr. Justice Edwin Cameron, of the Supreme Court of

Human Rights of Lesbians, Gays, Bisexuals, Transgender and Intersex People 163