Sexual orientation: homosexuals’ rights

South Africa is known as the first country on earth to prohibit unfair discrimination on the grounds of sexual orientation under Section 9 (3) of its 1996 Constitution. The Bill of Rights clearly guarantees equality to all who live in South Africa, including gay and lesbian people. Furthermore, same sex marriage has been legalised since the Civil Union Bill was voted by Parliament on 14 November 2006 and signed by Acting President Phumzile Mlamblo-Ngcuka on 30 December 2006. This made South Africa the first country in Africa and the fifth country in the world to legalise same-sex marriages. In addition, South African jurisprudence has recognised homosexuals’ rights to permanent residence, equal financial status and benefits, adoption of children and recognises as legitimate, children born by artificial insemination to same-sex couples. Despite these significant human rights developments, homosexuals are still suffering injustices, discrimination and exclusion from the society. One area of interest we encourage our volunteers to research is the issue of ‘corrective rape’. This is a serious issue in South Africa with more and more cases coming to our attention and interns are welcomed to focus on this issue in the light of international human rights provisions and the South African Bill of Rights. Click here to read more about the work we do with Free Gender and the other projects we are involved in.