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Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)

Chapter 5 : Promotion of Equality

28. Special measures to promote equality with regard to race, gender and disability

 

1) If it is proved in the prosecution of any offence that unfair discrimination on the grounds of race, gender or disability played a part in the commission of the offence, this must be regarded as an aggravating circumstance for purposes of sentence.

 

2) The South African Human Rights Commission must, in its report referred to in section 15 of the Human Rights Commission Act, 1994 (Act No. 54 of 1994), include an assessment on the extent to which unfair discrimination on the grounds of race, gender and disability persists in the Republic, the effects thereof and recommendations on how best to address the problems.

 

3)
a) The State, institutions performing public functions and all persons have a duty and responsibility, in particular to-
i) eliminate discrimination on the grounds of race, gender and disability;
ii) promote equality in respect of race, gender and disability.
b) In carrying out the duties and responsibilities referred to in paragraph (a), the State, institutions performing public functions and, where appropriate and relevant, juristic and non-juristic entities, must-
i) audit laws, policies and practices with a view to eliminating all discriminatory aspects thereof;
ii) enact appropriate laws, develop progressive policies and initiate codes of practice in order to eliminate discrimination on the grounds of race, gender and disability;
iii) adopt viable action plans for the promotion and achievement of equality in respect of race, gender and disability; and
iv) give priority to the elimination of unfair discrimination and the promotion of equality in respect of race, gender and disability.