Why do we need legal compliance?
The Constitution of South Africa (1996)…
gives a clear framework in which access for all persons with disabilities is to be viewed.
The three main Themes in the Bill of Rights (chapter 2) in this regard are:
(4) No person may unfairly discriminate directly of indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
The Promotion of Equality and the Prevention of Unfair Discrimination Act (2000)…
No person may unfairly discriminate against any person on the ground of disability, including –
(a) denying or removing from, any person who has a disability, any supporting or enabling facility necessary for their functioning in society;
(b) contravening the code of practice or regulations of the South African Bureau of Standards that govern environmental accessibility;
(c) failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.
Discrimination as defined by the Act means…any act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly-
(a) imposes burdens, obligations or disadvantages on; or
(b) withholds benefits, opportunities or advantages from,
any person on one or more of the prohibited grounds.
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