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01 June 2018 Photo Mamosa Makaya
Dialogue on LGBTIQ rights in the legal profession reveals slow progress
Justice Edwin Cameron, Sivuyile Mphatheni and Maralize Conradie

The Black Lawyers Association, in collaboration with the Faculty of Law at the University of the Free State (UFS), held a public dialogue on the rights of the LGBTIQ+ community in the legal profession on 25 May, on the Bloemfontein Campus. On the panel were prominent activists for LGBTIQ+ rights, Justice Edwin Cameron, Judge of the Constitutional Court of South Africa; Maralize Conradie, UFS lecturer in Mercantile Law; and Sivuyile Mphatheni, a Law student and member of the Black Lawyers Association.

Liberal but not yet free
The Constitution of South Africa is considered to be one of the most liberal and inclusive in Africa and the world by protecting the rights of same-sex partnerships pertaining to family rights; marriage and adoption. Yet despite these provisions LGBTIQ+ legal professionals still experience discrimination in the workplace. “The LGBTIQ+ community should be regarded as a demonstration of the complexity of human nature, rather than a minority group,” said Conradie. She said the shift in mind-set could allow for more open dialogue, sharing of knowledge, building of trust, and upholding the rights of minority people. Speaking on behalf of law students, Sivuyile Mphatheni said that despite the many victories, there was still a long way to go to achieving full equality for the LGBTIQ+ community.

Discrimination still holding back society
Speaking to students from all walks of life, Justice Cameron gave a breakdown of various forms of discrimination and the effects they have on the human pysche. Actions such as racism, sexism, sexual harassment, the stigma of people living with HIV/Aids, and the upholding patriarchy in society all infringe on the rights of others, causing a society that is fraught with fear, hate and pain.
  
“South Africa is one of the most progressive countries in Africa regarding human rights, including freedom of speech,” said Justice Cameron. He added that unlike in some African countries where same-sex relationships are still criminalised, the youth of South Africa have a voice. He therefore encouraged students to use it to become change agents, and to eradicate discrimination of all forms.

The Black Lawyers Association, as thought leaders, held the event as a call to action to the entire UFS community to begin to sensitise those around them to the plight of the LGBTIQ+ in the law profession and in society as a whole.

News Archive

Students speak at Faculty of Law as part of Blackstone Legal Fellowship Programm
2012-08-01

 
At the event were, from the left: Elizabeth Oklevitch, Ewelina Ochab, Prof. Shaun de Freitas and Prof. Andries Raath, also from the Department of Constitutional Law and Philosophy of Law.
Photo: Leonie Bolleurs
1 August 2012

Two students from abroad, Elizabeth Oklevitch, studying at the Regent University School of Law, Virginia Beach in the US, and Ewelina Ochab, a postgraduate student with a Diploma in Law who received her LLB from the University of Kent at Canterbury, have each delivered a 15-minute presentation at the Faculty of Law. These presentations are part of the six-week practical leg of the Blackstone Legal Fellowship Programme, held annually in Phoenix, Arizona.

This is the fourth consecutive year that the Faculty of Law has been involved in this initiative.

Oklevitch spoke on the impact of the natural law grounding of Sir William Blackstone’s system of rights and Ochab about the margin of appreciation in the case A, B and C v Ireland.

According to Prof. Shaun de Freitas from the Department of Constitutional Law and Philosophy of Law, the programme is aimed at teaching law students the importance of religious freedoms and rights. The programme is run by Alliance Defending Freedoms (ADF) in the US.

“The programme (in its 14th year) accommodates more than 130 students at the moment, representing schools of law in the United States (which include the universities of Duke, Harvard, Notre Dame, New York and Yale) and Europe. To date, approximately 1 100 students have completed the programme,” said Prof. De Freitas.
 

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