EQUALITYLAWS

LEGISLATION	SUMMARY	IMPLEMENTATION	IMPACT	GAPS/CONSTRAINTS
Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000	This Act gives effect to the spirit of the Constitution, in particular the equal enjoyment of all rights and freedoms by every person, the promotion of equality and the prevention of unfair discrimination and protection of human dignity.  It provides for measures to facilitate the eradication of unfair discrimination and harassment, particularly on the grounds of race, gender and disability  It provides for measures to educate the public and raise awareness on the importance of promoting equality and overcoming unfair discrimination.  It also provides for remedies for victims of unfair discrimination and persons whose right to equality has been infringed and also sets out measures to advance persons disadvantaged by unfair discrimination	In the application of this Act, the following is recognised and taken into account:  The existence of systemic discrimination and inequalities, particularly in respect of race, gender and disability in all spheres of life as a result of past and present unfair discrimination, brought about by colonialism,  the apartheid system and patriarchy The need to take measures at all levels to eliminate such discrimination and inequalities The Act establishes equality courts and other special measures to promote equality with regard to race, gender and disability.  It states that the State, institutions performing public functions and all persons have a duty and responsibility to eliminate discrimination on the ground of race, gender and disability and to promote equality on these grounds	It is an achievement that this Act outlaws discrimination on the ground of disability.  If it is proved in the prosecution of any offence that unfair discrimination on the ground of race, gender or disability played a part in the commission of the offence, that must be regarded as an aggravating circumstance for purposes of sentence.  As a result of this Act there is more respect for the human rights and dignity of persons with disabilities and people who find themselves discriminated against can take the issue to court.  This Act has also ensured access to service delivery programmes by persons with disabilities, e.g.  Free health care and disability grants Access to employment and economic opportunities The Act has also ensured the approach of disability-friendly legislation, like the Mental Health Act and the South African Schools Act.	Most people with disabilities, particularly those in the remote rural areas do not have full information on how they can exercise their rights in terms of the provisions of this Act