lOMoAR cPSD| 32110785
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
THE CONSTITUTION AND MEDICAL LAW
THE PROHIBITION OF UNFAIR DISCRIMINATION
Section 9 of the Constitution deals with equality. In terms of
this section everyone is equal before the law, and everyone
has the right to equal protection and benefit of the law
Unfair discrimination on certain grounds, inter alia the ground
of disability, is prohibited
Discrimination on the ground of disability is unfair unless it
is established that it is fair.
Depending on the final interpretation of this provision by the
Constitutional Court, this provision may be relied upon, for
example by someone with epilepsy challenging
discrimination in respect of employment
The Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000 gave effect to section 9
This Act contains a comprehensive list of grounds on which
discrimination is prohibited; disability
Section 9 of the Act prohibits discrimination on the ground of
disability, including
• denying a disabled person any supporting facility
necessary for his or her functioning in society
• contravening the code of practice of the South African
Bureau of Standards that govern environmental
accessibility
• failing to eliminate obstacles that unfairly limit or
restrict persons with disabilities from enjoying equal
opportunities
Section 34 of The Promotion of Equality and Prevention of
Unfair Discrimination Act states that there is ‘‘overwhelming
Downloaded by Vincent
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
THE CONSTITUTION AND MEDICAL LAW
THE PROHIBITION OF UNFAIR DISCRIMINATION
Section 9 of the Constitution deals with equality. In terms of
this section everyone is equal before the law, and everyone
has the right to equal protection and benefit of the law
Unfair discrimination on certain grounds, inter alia the ground
of disability, is prohibited
Discrimination on the ground of disability is unfair unless it
is established that it is fair.
Depending on the final interpretation of this provision by the
Constitutional Court, this provision may be relied upon, for
example by someone with epilepsy challenging
discrimination in respect of employment
The Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000 gave effect to section 9
This Act contains a comprehensive list of grounds on which
discrimination is prohibited; disability
Section 9 of the Act prohibits discrimination on the ground of
disability, including
• denying a disabled person any supporting facility
necessary for his or her functioning in society
• contravening the code of practice of the South African
Bureau of Standards that govern environmental
accessibility
• failing to eliminate obstacles that unfairly limit or
restrict persons with disabilities from enjoying equal
opportunities
Section 34 of The Promotion of Equality and Prevention of
Unfair Discrimination Act states that there is ‘‘overwhelming
Downloaded by Vincent
