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Equality occupies a central and overarching place in the South African legal order. It is a free-standing right under s 9 of the Constitution as well as a foundational value in our constitutional dispensation. This chapter examines the use of equality as both a right and value in cases other than direct challenges to discriminatory law or conduct, and demonstrates the importance of expanding the role and reach of equality to all cases in which groups suffering disadvantage are affected, including in non-constitutional matters. The duty to promote equality, a relatively new development in equality law, is also examined in the light of its potential for social change and transformation. While the arguments presented in this chapter may be relevant for all disadvantaged groups, it focuses mainly on sex and gender equality cases and the achievement of substantive equality for women.
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