REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
Smooth the way for sex worker access to health services – particularly STI treatment,
HIV testing and ART provision. In order to ensure this, it is critical to deal with stigma
in health services.
Deal with the human rights abuses and violence from partners, clients and the police.
Educate clients of sex workers on the importance of using condoms, the rights of sex
workers not to be assaulted and to be paid for their services.
Challenge legal barriers to reaching sex workers with services. There is a lack of a legal
framework in which the programme for sex workers can operate optimally in South
Africa.
Provide skills development and income-generating capacity for sex workers who want
to leave sex work and address the social and economic factors that force many women
into sex work.
Sexual orientation and gender identity
92. The legislative framework provides for equality and rights of the lesbian, gay, bisexual, transsexual and intersex (LGBTI) community, as well as their protection under the law. The legislation
includes the Constitution and the Bill of Rights, the Promotion of Equality and Prevention of Unfair
Discrimination Act, 2000,310 the Criminal Law (Sexual Offences and Related Matters) Amendment
Act, 2007,311 the Domestic Violence Act, 1998312 and the Civil Union Act, 2006.313
93. South Africa’s democratic transition proved to be a watershed period for rights around sexual
orientation in the country. The Constitution guarantees equality for all and prohibits
discrimination based on, amongst others, gender, sex, race and sexual orientation. It further
provides for the protection of all persons, including gays and lesbians. In 1998 Parliament of South
Africa passed the Employment Equity Act, 1998314 protecting persons against workplace
discrimination on the basis of sexual orientation. In the same year, the Constitutional Court ruled
that the law prohibiting homosexual conduct between consenting adults in private was
unconstitutional.315 South Africa is the fifth country in the world and the first in Africa to recognize
same sex marriages.
94. Despite the legal framework, homophobia, discrimination and prejudice still exist. By May 2009
there were 20 documented cases of murder of lesbians in South Africa. Since then there has been
an increase in the number of murders of lesbians due to hate crimes and “corrective rape”. In
2011, the court was able to successfully prosecute four men for such an act and each sentenced
310
Act No. 4 of 2000
Act No. 32 of 2007
312
Act No. 116 of 1998
313
Act No. 17 of 2006
314
Act No. 55 of 1998
315
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others (CCT11/98)
[1998] ACC 15; 1999 (1) SA 6; 1998 (12) BCLR 1517 (9 October 1998)
311
162
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