Difference Between Differentiation And Discrimination
5. Differentiation and discrimination
Discrimination deals with any differential conduct that is based on any of the listed grounds set out in section 9(3) of the Constitution, damages the dignity of another or adversely affect another in a serious way. Discrimination can be either direct or indirect and can result from and act or failure to act. Mere differentiation is all forms of differential treatment that don’t fall under discrimination. Rationality is the only requirement for mere differentiation in order for it to be constitutionally valid. Harksen v Lane set out that in order to meet the rationality requirement, the differential conduct must serve a “legitimate purpose and there must be a rational connection between the differentiation and its purpose”. Unfair discrimination is determined by three main factors as set out in President of the Republic of South Africa v Hugo:
a) The positon of the complainants in society.
b) The nature of the provision or power and the purpose.
c) The extent to which complainants rights or interests have been affected.
6. Application of equality
It was established that the right to equality was being directly affected in the case of Khosa v Minister of Social Development. The case dealt with permanent residents who were disqualified in terms of the Social Assistance Act to receive welfare grants. The case was unopposed in the High Court and it was argued that the requirement of citizenship was an infringement of their
Case Study: Vehar V. Cole National Group
991 Words | 4 PagesIntroduction This case study of Vehar v. Cole National Group is a case where the plaintiff, Wendy Vehar, accused Cole National Group of sex discrimination claiming that as a female she was not being the same wage as a male for performing the same duties. Additionally this study will determine if the plaintiff established a valid prima facie as well as if there was a basis for equal work. Next, what factors did the appeals court base its decision and why is the other-than-sex factor that is presented by the employer insufficient to avoid a trial? Finally, what should the employer have done differently to ensure this type of situation did not occur in their business?
What Was The Legal Significance Of The Case Of Gerald Gault
878 Words | 4 PagesThe due processing was not completed. Steps were skipped, and the boy was discriminated because of his delinquency. The majority opinion was written by Abe Fortas. The legal significance of this case is the process of due processing, and the right to not be discriminated or treated unfairly. The decision of Gault’s court case sent the world into a “ due processing revolution”.
Summary Of Worker Constraints By Evelyn Nakano Glennn
1502 Words | 7 PagesTherefore if you take it and don’t like it, it is your choice. Regional conception of some people not deserving Citizenship rights, also further helped form a definition of Citizenship that is very limited to its true definition. Only through looking at regional case studies, such as I have described in the South, you can presume that the law of the land was not necessarily fully enforced. The notion of reconstruction played a big part, in regional adaptation. It must be understood that according to Glenn, white landowners got rich because of their land and so you must redefine the law to ensure you keep this advantage, which in turn means that you must exclude some from Citizenship for political and economic gain.
Jeff Yang Quotes
536 Words | 3 PagesIn Jeff Yang’s concept of discrimination shows that it is distinctly ambiguous. Yang’s article “Harvard Lawsuit Is Not What It Seems” it shows the viewpoint of the story from his perspective along with the opposing side. There are both negative and positive sides to this lawsuit. A piece of literature that reflects on this concept is “I Have a Dream” by Martin Luther King Jr.
John Wilson: An Outsider
186 Words | 1 PagesHe is also discriminated as a foreigner. For example, when Wilson tried to buy a marriage license,
Mapp V. Ohio Case
899 Words | 4 PagesIn the light of the sentiment presented above, this paper discusses the circumstances that led to the case being heard in court. It explores the events that took place at each level of the case, the issues addressed
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366 Words | 2 PagesThis is to ensure fair treatment especially when dealing with a citizens entitlement. The Court examined
The Equal Protection Clause Of The Fourteenth Amendment
51 Words | 1 Pages“The Equal Protection Clause of the Fourteenth Amendment guarantees an independent constitutional right that similarly situated citizens be treated similarly under the law. Within welfare law, states may not have directly attempted to violate the Equal Protection Clause, but nevertheless created separate rules for its recipients based on gender, socioeconomic status.”
Impact Of Brown V Board Of Education
574 Words | 3 PagesImpact of Brown v. Board of Education In Topeka, Kansas in the 1950s, schools were segregated by race. In 1954 the Supreme Court decided to annul the 1896 Plessy v. Ferguson decision and declared that “separate education facilities are inherently unequal”. Brown v. Board of Education was a turning point in the fight to end segregation and has impacted history greatly. Brown v. Board of Education sparked the Civil Rights Movement, made education equal, and established that “separate but equal” was unconstitutional.
Describe Ways In Which Legislation And Codes Of Practice Essay
747 Words | 3 PagesUnit 7 1.2 Describe ways in which discrimination may deliberately or inadvertently occur in the work setting- Discrimination could occur in a workplace at any time and could be to do with someone’s race, gender, age, disability or sexuality. This could mean that a police or procedure is set in place and is meant to equally refer to all staff working in the setting. This means that if a police or procedure is made clearly to everyone and is equal and not everybody is able to deal with a procedure then this means that they have ben discriminated. Be able to work in an inclusive way 2.1 Identify which legislation and codes of practice relating to equality, diversity and discrimination apply to own role- When working in a childcare setting, all legislation and codes will apply to everyone, this is to make sure that staff understand the Importance of dealing with each situation.
Systematic Racism
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Compare And Contrast By The Waters Of Babylon And Harrison Bergeron
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Essay On Discrimination In Education
2187 Words | 9 PagesIntroduction The constitution of India grants and guarantees to us certain fundamental rights which include the right to equality. Article 14 of the Indian constitution states that no person shall be denied equality or equal protection before the law. It basically implies that everyone should be treated alike and no one must be discriminated against. It ensures that in similar situations, people are treated equally.
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1163 Words | 5 PagesAccording to the radical critique of law, how does law discriminate? Along with many other policies, the law also stresses on the discrimination which
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