n Acta Juridica - People with disabilities inside (and outside) the South African workplace : the current status of the constitutional and statutory promises

Volume 2012, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



People with disabilities (PWD) are a vulnerable group in our society and as such were placed high on the agenda of the Constitution in 1996, and subsequent labour and social security legislation. This contribution will briefly examine international standards for PWD and interrogate whether the fundamental constitutional rights to equality, dignity, and freedom, and the socioeconomic rights as set out in s 27 of the Constitution have changed the lives of PWD inside (and outside) the workplace in our country. The contribution will assess the extent to which discrimination against PWD has been eliminated in the workplace and the reach of the affirmative action provisions for PWD in the Constitution and the Employment Equity Act of 1998. Acknowledging that many PWD are unemployed and often live in conditions of poverty, a brief examination of the current disability grant system will attempt to interrogate further whether the constitutional right in s 27, granting access to social assistance for those who cannot support themselves, has achieved its promise.

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