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Transcript of South Africa
South AfricaDanielle Barash, Ester Garcia, Alex Price, Sarah Smith
SummaryDemographicsDisability Law in South AfricaThe ActComparisons with the UNC and ADA
Demographics of South Africa
By Gender, Race & Language of the PopulationGender and Race Language
IsiZulu 23.8%, IsiXhosa 17.6%, Afrikaans 13.3%, Sepedi 9.4%, English 8.2%, Setswana 8.2%, Sesotho 7.9%, Xitsonga 4.4%, other 7.2% (2001 census)
By Age, Socioeconomics & Social/Medical IssuesAge 33% of the population younger than the age of 15. 7.5% older than the age of 60Socioeconomics Unemployment Rate 24% Population Below the Poverty Line 50%
HIV Prevalence and Number of People Living with HIV 2001-2009Social/Medical Issues
By Disability in South AfricaPrevalence of Disabled Persons in South Africa by Gender and Race
From the 2001 CensusWhat types of disabilities do persons in the population have and what is the prevalence of each type?How does prevalence of disability vary by age, gender and geographic area?How many persons with disabilities are without access to the special appliances or aids that they need?What percentage of school-going-age children with disabilities are in school? What percentage of adults with disabilities is economically active? How does this compare with the percentage for non-disabled adults or the general population?How many people with disabilities receive social services and how many require full-time care from a family member or some other person? Can persons with disabilities use public transport available to the general public? If not, what are the reasons that they cannot? What are the major barriers in the social and physical environment that create exclusion for persons with disabilities?
By Prevalence of Disability Type-
By EducationPercentage of Disabled Persons Who Had No Schooling by Sex and Population GroupPercentage of People in Each Education Category Who Were Disabled
By Socioeconomic Indicators- Of the Houses headed by a person with disabilities, 53% houses or brick structures 37% traditional dwellings or huts and informal dwellings/shacks 10% lived in other housing structures 78% had access to piped water 62% had electricity
South Africa History1948 - Policy of apartheid (separateness) adopted when National Party (NP) takes power. 1950s - Population classified by race. Group Areas Act passed to segregate blacks and whites. Communist Party banned. ANC responds with campaign of civil disobedience, led by Nelson Mandela. 1960s - International pressure against government begins, South Africa excluded from Olympic Games. 1984-89 - Township revolt, state of emergency. 1991 - Start of multi-party talks. De Klerk repeals remaining apartheid laws, international sanctions lifted. 1993 - Agreement on interim constitution.
1994 - ANC wins first non-racial elections. Mandela become president, Government of National Unity formed, Commonwealth membership restored, remaining sanctions lifted. South Africa takes seat in UN General Assembly after 20-year absence. 1996 - Truth and Reconciliation Commission chaired by Archbishop Desmond Tutu begins hearings on human rights crimes committed by former government 1996 - Parliament adopts new constitution. 1998 - Truth and Reconciliation Commission report brands apartheid a crime against humanitySouth Africa History
South African Disability LawAgriBEE (Broad-Based Black Economic Empowerment Framework for Agriculture) (1994)South African Schools Act (1996)Equal Employment Act (1998)Preferential Procurement Policy Framework Act (2000) The Promotion of Equality and Prevention of Unfair Discrimination Act (2000)None are specific to Disability
What is the Act?The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000This Act deals with the prevention, prohibition and elimination of unfair discrimination, hate speech and harassment.
Why the Act?Object of the Act is to enact legislation required by section 9 of the Constitution (equality).The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of the above groupsNational legislation must be enacted to prevent or prohibit unfair discrimination
Important Chapters from the ActChapter 1 - DefinitionsChapter 2 - PreventionChapter 3 - Equality/Burden of ProofChapter 5 - Promotion of EqualityChapter 6 - Provisions and Implementation
Definitions: DiscriminationDiscrimination means any act or ommission, including a policy, law, rule, practice, condition, or situation which directly or indirectlyA) Imposes burdens, obligations or disadvantages on; orB) withholds benefits, opportunities or advantages from, any person on one or more of the prohibited grounds.
Definitions: Prohibited GroundsProhibited Grounds are:A) Race, gender, sex, pregnancy, martial status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth; orB) Any other ground where discrimination based on that other ground - I) causes or perpetuates systemic disadvantage:II) Undermines Human dignity; orIII) adversely affects the equal enjoyment of a persons rights and freedoms in the serious manner that is comparable to discrimination on a ground in paragraph A.
Definitions: EqualityEquality includes the full and equal employment of rights and freedoms as contemplated in the Constitution and includes de jure and de facto equality and also equality in terms of outcomes.
Definitions: HarassmentHarassment means unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which is related to--A) Sex, gender or sexual orientation; orB) A persons membership or presumed membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such group
Definitions:The Statethe State includesA) any department of State or administration in the national, provincial or local sphere of government;B) any other functionary or institutionI) exercising a power or performing a function in terms of the Constitution or a provincial constitution; orII) exercising a public power or performing a public function in terms of any legislation or under customary law or tradition
Chapter 2: PreventionNeither the State nor any person may unfairly discriminate against any person.No person may subject any person to harassment.
Chapter 2: Discrimination against DisabilityNo person may unfairly discriminate against any person on the ground of disability, includingA) denying or removing from any person who has a disability, any supporting or enabling facility necessary for their functioning in society;B) contravening the code of practice or regulations of the South African Bureau of Standards that govern environmental accessibility;C) failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.
Chapter 2: Hate SpeechNo person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to--A) be hurtful;B) be harmful or to incite harm;C) promote or propagate hatred.
Chapter 3: Burden of ProofIf the complainant makes out a prima facie case of discriminationA) the respondent must prove, on the facts before the court, that the discrimination did not take place as alleged: orb) the respondent must prove that the conduct is not based on one or more of the prohibited grounds.
Chapter 3: Burden of Proof (cont.)If the discrimination did take placeA) on a ground in paragraph (a) of the definition of prohibited grounds, then it is unfair, unless the respondent proves that the discrimination is fair;B) on a ground in paragraph (b) of the definition of prohibited grounds, then it is unfair i) if one or more of the conditions set out in paragraph (b) of the definition of prohibited grounds is established; andii) unless the respondent proves that the discrimination is fair.
Chapter 3: Determination of Fairness or UnfairnessIt is not unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination or the members of such groups or categories of persons
Chapter 3: Determination of Fairness or Unfairness (cont.)In determining whether the respondent has proved that the discrimination is fair the following must be taken into account:A) the context; B) the factors referred to in subsection (3);C) whether the discrimination reasonably and justifiably differentiates between persons according to objectively determinable criteria, intrinsic to the activity concerned.Hate speech and h