n South African Law Journal - Taking diversity seriously : religious associations and work-related discrimination

Volume 126, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In a series of decisions implicating the right to freedom of religion, the Constitutional Court has indicated its readiness in appropriate cases to grant exemptions from facially neutral laws or regulations of general application where such laws or regulations impose disproportionate burdens on members of religious groups. In a recent decision, , the Constitutional Court granted an exemption from a regulation to permit a member of a religious group to engage in a practice that (the court determined) expressed her religious beliefs and culture. Should courts likewise be prepared to grant an exemption from anti-discrimination legislation to permit religious associations to engage in work-related discrimination on legally prohibited grounds?

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