Explain test for unfair discrimination in terms of section 9

Reference no: EM133307670

Question: You question whether Mr and Mrs Schindler have been discriminated against unfairly. Explain the test for unfair discrimination in terms of Section 9(3) of the Constitution, 1996, with reference to reievant case law. Compare specific grounds" with analogous grounds" in the test for unfair discrimination in terms of Section 9(3) of the Constitution, 1996. In your answer, you are required to provide any two "specific grounds" which could be considered as part of the test in Mr and Mrs Schindler case. Mr and Mrs Schindler seek your advice in that, in the event that they cannot rely on their right to equality in terms of section 9 in the Constitution, 1996, they want to rely on provisions set out in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (or PEPUDA). Explain the difference between the discrimination provisions of the PEPUDA and the discrimination provisions in Section 9 of the Constitution, 1996. Mr and Mrs Schindler are wondering if a court would consider the notion of "reasonable accommodation" regarding the use of a cane to discipline Johnny as per their religious beliefs. Discuss the notion of "reasonable accommodation" of religious beliefs and practices with reference to Section 15 of the Constitution, 1996. You have concerns about how Mr and Mrs Schindler discipline Johnny in this respect and you are concerned about what this disciplinary chastisement does not only to Johnny's physical and mental well-being, but also to his human dignity as well. Discuss the invocation by the court in Freedom ofReiigion South Africa v Minister of Justice and Constitutionoi Deveiopment and Others 2020 (1) SA (1) (CC) of the right to human dignity, with specific focus on disciplinary chastisement and its impact on the human dignity of children.

Reference no: EM133307670

Questions Cloud

State whether the evidence would be allowed or not : state whether the evidence would be allowed or not How did the Court reframe the defence of "Mistaken belief in consent"?

Identify where it falls on the spectrum from cult : Choose a world religion to research, and briefly discuss religious experiences, beliefs, and rituals to which the religion subscribes.

Describe the current trend in hospital ownership : Describe the current trend in hospital ownership. What impact, if any, is this trend having on access to care, cost of care, quality of care and equity of care?

What grounds did each condemn democracy : What were they ultimately hoping to achieve and how? What sort of society did each envision creating?) On what grounds did each condemn democracy?

Explain test for unfair discrimination in terms of section 9 : Explain the test for unfair discrimination in terms of Section 9(3) of the Constitution, 1996, with reference to reievant case law.

Compile pertinent information regarding equity : Compile pertinent information regarding equity, racial and ethnic diversity, gender diversity, socioeconomic status, graduation rates, grades, poverty

Discuss religious experiences, beliefs, and rituals : SYG 2000 Hillsborough Community College identify where it falls on the spectrum from cult to ecclesia, based on evidence you find in scholarly articles.

Role of the americas in the global trade network : Describe European colonization of the Americas starting with the conquest and settlement of Mexico in 1521 and ending in 1750.

What does citizenship look like in a local context : What does citizenship look like in a local context? Is this valued the same as globally-minded/focused citizenship?

User Account

All Pages