Constitutional Framework of Post-Apartheid Progress

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Questions and Answers

What is the primary purpose of the Recognition of Customary Marriages Act 120 of 1998?

To abolish customary marriages in South Africa

To provide for the conclusion of polygamous marriages between one man and more than one woman (correct)

To provide for the recognition of polyandrous marriages

To promote gender equality in marriage

What is transsexualism, according to the lesson?

A person born with sexual organs of both sexes

A rare congenital defect or anomaly where a person is born with the reproductive system and genitalia of the opposite sex (correct)

A person who identifies as a different gender but is not born with reproductive organs of the opposite sex

A person who has undergone gender reassignment surgery

What is the difference between a transsexual and a hermaphrodite?

A transsexual is a person who has undergone gender reassignment surgery, while a hermaphrodite is a person who has not undergone surgery

A transsexual is a person born with sexual organs of both sexes, while a hermaphrodite is a person who identifies as a different gender

A transsexual is a person who identifies as a different gender, while a hermaphrodite is a person who is born with the reproductive system and genitalia of the same sex

A transsexual is a person born with the reproductive system and genitalia of the opposite sex, while a hermaphrodite is a person born with sexual organs of both sexes (correct)

What is the significance of the Constitution of 1996 in relation to gender and sexuality?

It codifies non-discrimination principles, including sex Signup and view all the answers

What is the significance of the Employment Equity Act 55 of 1998?

It promotes affirmative action policies Signup and view all the answers

What is the significance of section 27A of the Alteration of Sex Description Act?

It provides for the legal change of sex description Signup and view all the answers

What is the decision in the case of W v W?

The case details are not provided in the lesson Signup and view all the answers

What is the primary challenge faced by transsexual individuals in South Africa?

The lack of legal recognition of their gender identity Signup and view all the answers

What is the purpose of the Births and Deaths Registration Act, 1992?

To provide for the rectification, amplification, and amendment of personal information in the National Population Register Signup and view all the answers

What is the primary concern of the 2019 World Athletics regulations regarding athletes with DSD?

Preventing discriminatory practices in international athletics Signup and view all the answers

What is the central issue in the case of Caster Semenya at the European Court of Human Rights?

Whether she must lower her testosterone levels to participate in competitions Signup and view all the answers

According to the South African Constitution, what is a fundamental aspect of equality?

The equal enjoyment of all rights and freedoms Signup and view all the answers

What is the significance of the sex of a child being recorded on the prescribed form at birth?

It is entered into the National Population Register Signup and view all the answers

What is the primary concern of the Department of Sport, Arts and Culture in relation to Caster Semenya's case?

Ensuring fairness and equality in sport Signup and view all the answers

What is the primary difference between 'sex' and 'gender'?

Sex refers to biological characteristics, while gender refers to social and cultural norms Signup and view all the answers

What is the significance of Section 9 of the Constitution in relation to gender and sexuality?

It prohibits discrimination based on gender and sexuality Signup and view all the answers

What is the distinction between sex and gender?

Sex refers to biological characteristics, while gender refers to social and cultural norms Signup and view all the answers

What is a potential challenge faced by athletes with DSD in international competitions?

Ineligibility due to their biological characteristics Signup and view all the answers

What is the purpose of the Identification Act, 1997?

To provide for the rectification, amplification, and amendment of personal information in the National Population Register Signup and view all the answers

What is the legal recognition of gender identity in the context of Caster Semenya's case?

Her gender identity is recognized as female, but her testosterone levels are a concern Signup and view all the answers

What is the significance of Section 9 of the South African Constitution?

It protects the right to equality, including the full and equal enjoyment of all rights and freedoms Signup and view all the answers

What is the challenge faced by transsexual athletes like Caster Semenya?

They are subject to unfair discrimination based on their gender identity Signup and view all the answers

What is the implication of the European Court of Human Rights' decision on Caster Semenya's case?

She will be required to lower her testosterone levels to participate in competitions Signup and view all the answers

What is the relationship between gender and sexuality in the context of Caster Semenya's case?

Sexuality refers to an individual's sexual orientation, while gender refers to their gender identity Signup and view all the answers

Study Notes

Constitutional Post-Apartheid Progress

The Constitution of 1996 codifies non-discrimination principles, including sex.
The Recognition of Customary Marriages Act 120 of 1998 provides for the conclusion of polygamous marriages between one man and more than one woman (polygyny).
However, the South African law does not recognize the right of a woman to take more than one husband (polyandry).

Sex and Gender: Status and Capacity

Transsexualism is a rare congenital defect or anomaly where a person is born with the reproductive system and genitalia of the opposite sex.
It is also referred to as gender diaspora syndrome, where a person feels like they are a woman trapped in a man's body or vice versa.
Hermaphrodite is a person born with sexual organs of both sexes, one of which is usually predominant.
The Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) and the Identification Act, 1997 (Act No. 68 of 1997) provide for the rectification, amplification, and amendment of personal information, including sex.
Section 9 of the Constitution provides for equality, stating that everyone is equal before the law and has the right to equal protection and benefit of the law.

Determining Sex for Legal Purposes

Parents must give notice to the DHA within 30 days of the child's birth, including the sex of the child on the prescribed form.
The sex of the child is entered into the population register.

Case Study: Caster Semenya

The Department of Sport, Arts and Culture (DSAC) stands in solidarity with Caster Mokgadi Semenya, seeking justice for her as she faces discrimination based on her gender.
The European Court of Human Rights will consider whether Semenya must lower her testosterone levels in order to participate in competitions.
The DSAC advocates for fairness and equality in sport, believing that every athlete should have the right to compete without facing unjust obstacles.

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Description

This quiz explores the constitutional framework of South Africa's post-apartheid progress, including non-discrimination principles and recognition of customary marriages.