Freedom from Discrimination
The right to freedom from discrimination, as formulated in the provision which the
Bill would insert into the Constitution as section 13(2)(j), is as follows:
“The right to freedom from discrimination on the ground of:-
(ii) race, place of origin, social class,
colour, religion or political opinions;”colour, religion or political opinions;”.
A recommendation was made in a written submission by the Coalition for Community Participation in Governance, which was signed by its chairperson, Mrs. Linette Vassel, that the word “gender” as used in the proposed section 13(2)(j)(i) and in section 24(8) should be replaced by the word “sex”. The submission is attached as Appendix 3. In the Concise Oxford Dictionary the word “gender” is defined as meaning the grammatical classification of nouns and related words, roughly corresponding to the two sexes and sexlessness. It defines the word “sex” as meaning either of the main divisions (male or female) into which things are placed on the basis of their reproductive functions and the fact of belonging to one of these. The Committee agrees with the recommendations that the appropriate word to use in the proposed section 13(2)(j)(i) is “sex” and not “gender”. To ensure, however, that the use of the word sex is not interpreted to include “sexual orientation”, the Committee would wish that an express indication be given in section 13(2)(j) that the word “sex” is there used as meaning male or female.