The interaction between religious freedom, equality and human dignity

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In balancing religious freedom with the right to equality and human dignity of persons affected by discriminatory measures, the provisions of sections 9, 10, 15(1), 31(1) and 36 of the Constitution of the Republic of South Africa Act 108 of 1996 and sections 7, 8 and 14 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 have to be considered. Especially in the case of racial or gender discrimination, the burden rests on the respondent to prove that the distinction is based on acknowledged church dogma or religious belief, and is of such a nature that it passes the test of a nuanced and context-sensitive form of balancing of these freedoms and the right to human dignity and equality of persons affected by them.

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