Diskriminasie teen vroue in geloofsverband: 'n regsperspektief
Loading...
Authors
Van der Walt, T.
Issue Date
2005
Type
Article
Language
other
Keywords
Discrimination , Women in religion
Alternative Title
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.
Description
Peer reviewed
Citation
Van der Walt, T. 2005,'Diskriminasie teen vroue in geloofsverband : 'n regsperspektief', Studia Historiae Ecclesiasticae, vol. XXXI, no. 1, pp. 163-186.
Publisher
Church History Society of Southern Africa
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
1017-0499