This SALC Policy Brief looks at the extent to which courts in the global South have carried through the idea of constitutional morality when asked to protect the rights of marginalised groups in society. Over the past 10 years, there has been a visible increase in the number of cases taken to courts seeking protection for the rights of lesbian, gay, and transgender individuals. These cases have had the effect of highlighting the extent to which the concept of constitutional morality is entrenched within the judiciary. Whilst the constitutions in all countries require that courts respect, protect and promote the rights entrenched in the constitution, it has been harder for the judiciary to adhere to this requirement where the legal issue at stake excites public opinion, and where the safeguards for judicial independence are fragile. This brief accordingly focuses specifically on how courts have recently dealt with issues pertaining to sexual orientation and gender identity. It is through such cases that we can assess to what extent courts have achieved the necessary maturity to protect constitutional morality.
02 Apr 2020 Human Rights, Rule of Law SADC Salc : Amanda Shivamba
Submission to the Report of the Secretary General on the Question of the Death Penalty pursuant to Decision 18/117 and Resolution 22/11 of the Human Rights CouncilRead More
23 Mar 2020 Freedom of Expression, Human Rights Defenders Zambia Salc : Amanda Shivamba Read More
18 Feb 2020 Statement, Human Rights Defenders Salc : Amanda Shivamba Read More
20 Jan 2020 Human Rights Defenders, Statement Zambia Salc : Amanda Shivamba
Media Release: SALC and Amnesty International condemn the ongoing harassment and persecution of Zambian HRDs Fumba Chama aka Pilato, Laura Miti and Bornwell MwewaRead More
20 Dec 2019 Civil and Political Rights Eswatini Salc : Anneke Meerkotter Read More