Gender Based Discrimination

How can we expect the historically biased attitudes regarding women and their role in the workplace to change if we do not challenge the widespread disrespect for women and the assumption that they naturally should play a subservient role to dominant males in so many other contexts?

To understand the magnitude of the problem, it might be
useful to be reminded of the unpleasant (worldwide) facts about gender which were confirmed in the UN 2012 Gender Report. It found that women:

• perform 66% of the world’s work;
• produce 50% of the world’s food;
• earn 10% of the income; and
• own 1% of the property in the world.

The Constitution of the Republic of South Africa, 1996, commits the state to achieve gender equality. The Constitution expresses the type of society it wishes to create, and that society is based on equality and democracy. (Currie and De Waal, The Bill of Rights Handbook) Gender equality is one of the rights guaranteed under the Constitution; it forms part of the country’s integral system of human rights intended to ensure equality for all citizens. Equality is on its own a wide and problematic term to interpret, hence our courts decide each case on its merits. The present democratic dispensation seeks to provide women with equal employment opportunities. However, women are still disadvantaged in the workplace because of the historic imbalances of the past, a lack of commitment in redressing power imbalances and giving women more autonomy to occupy managerial positions and a lack of programmes and funding for women’s empowerment to acquire skills. (Duff-McCall and Schweinle, Leadership and Women, 2008) Affirmative action measures are an integral part of a programme to promote the achievement of equality which is defined in the Constitution to include the full and equal enjoyment of all rights and freedoms. The Constitutional Court has even suggested that such measures are not only permissive but obligatory. (National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others (1998) This basically means that the state is mandated to promote equality, and at the same time guard against discrimination on the basis of class, gender and sexual orientation.

Full Aricle: Pages 72-76

You may contact Nomadolo Attorneys for Gender Discrimination issues.

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