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Gay and Lesbian Law Journal

Abstract from Volume 9 (2000)

CASE COMMENT: "South Africa: Constitutional Protection for Homosexuals" - A Brave Initiative, but is it Working?

Paula Gerber

Paula Gerber examines the impact of South Africa's enactment of constitutional protection for homosexuals in 1996. She focusses on the Equality clause contained in the Constitution's Bill of Rights which prohibits discrimination by the State on 16 grounds including gender, sex and sexual orientation. She examines four major cases affecting the judicial, police and prison systems and concludes that constitutional entrenchment has brought significant improvement in the lives of gay and lesbian South Africans. She finishes by asking whether the South African model could be copied elsewhere.

(2000) 9 AG&LLJ 37
Keywords: Human Rights; Constitutional Law; Discrimination; Sexuality

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