Diskriminasie teen vroue in geloofsverband: 'n regsperspektief

Abstract

Discrimination against women in religious context: a legal perspective South Africa’s Constitution not only protects the right to equality, but also guarantees freedom of religion. The crucial legal question is whether religious practices or structures within religious institutions that clearly discriminate against woman, will be regarded as matters of “pure faith” and offlimits for judicial scrutiny, thus exempting that religious community from the constitutional and statutory provisions on gender equality. Gender equality is an important and legitimate governmental objective, but the Constitutional Court recognises religion and religious belief as very personal, subjective matters that should be accommodated if possible. The challenge lies in balancing these contradictory rights in the diverse South African society. This is complicated, as it is not always possible to ascertain whether the discriminatory practices are indeed core elements of the religion or whether they stem from interpretation of religious principles by men in positions of authority.