ABSTRACT

This chapter discusses the right to equality and non-discrimination in relation to religious institutions, and outlines how various fundamental rights, such as the right to freedom of religion, may be limited in accordance with section 36 of the Constitution. Section 9 of the Constitution is the equality clause and states that everyone is equal before the law and has the right to equal protection and benefit of the law. Most of the complaints against voluntary associations require a balancing of rights between natural and juristic persons. In April 2017 the Cultural, Religious and Linguistic (CRL) Rights Commission published its final Report on the Commercialisation of Religion and Abuse of People’s Belief Systems. The CRL Rights Commission explained the purpose of their recommendation in their report as the responsibility to guard against the undermining and abuse of religious freedom and to protect individuals from abusive practices by religious leaders and institutions.