The fundamental rights to equality, religion and custom — disaggregating the contest, in the context of domestic abuse

Abstract

From text: “Why is it that when sexual discrimination, a system that discriminates against half of the world’s population is fought with equal militancy as apartheid, women are branded as sexually frustrated, divisive, unhappy, spinsters, and the like? Why is it that, even though many if not all domestic, regional and international human rights instruments entrench equality and have non-discrimination clauses, little has been done to actually promote and protect these entrenched rights? Why is the struggle against sexual discrimination more difficult than the struggle against racism?”, asked the South African Deputy Minister of Justice, Ms Tshabalala-Msimang. The United Nations High Commissioner, Jose Ayala Lasso continues this line of questioning and wrote, “[It is trite that] violating human rights cannot contribute to the maintenance of public order and security, but can only exacerbate their deterioration. Why then, do the old myths continue to survive in some law enforcement circles?”