September v Subramoney NO and Others (EC10/2016)
September v Subramoney NO and Others (EC10/2016) [2019] ZAEQC 4; [2019] 4 All SA 927 (WCC) (23 September 2019)
The court found that the respondents' refusal to allow the applicant to express her gender identity while incarcerated constituted unfair discrimination under section 8 of PEPUDA and violated her constitutional rights to equality, dignity, and freedom of expression. The neutral application of prison rules failed to reasonably accommodate transgender inmates, resulting in manifestly unfair treatment. The court held that reasonable steps could be taken to balance safety concerns with the applicant's rights, such as allowing her to express her gender identity in a single cell. International law…
Source excerpt
- Unfair Discrimination
- Gender Identity
- Reasonable Accommodation
- Human Dignity
- Freedom Of Expression
- Prisoners Rights