Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

du Toit, François --- "Not-for-profit organizations and equality law" [2018] ELECD 1350; in Harding, Matthew (ed), "Research Handbook on Not-For-Profit Law" (Edward Elgar Publishing, 2018) 231

Book Title: Research Handbook on Not-For-Profit Law

Editor(s): Harding, Matthew

Publisher: Edward Elgar Publishing

ISBN: 9781785369988

Section: Chapter 10

Section Title: Not-for-profit organizations and equality law

Author(s): du Toit, François

Number of pages: 21

Abstract/Description:

This chapter considers to what extent, and in what ways, not-for-profit activity should be constrained by the norms of anti-discrimination law. In doing so the chapter reflects on the distinction between public and private in the legal system, the values of equality and autonomy, and the proper remit of private law in a constitutional order. The chapter shows that questions about not-for-profits and discrimination arise in common law, civilian and hybrid jurisdictions alike; it also shows that those questions cannot be confined comfortably to not-for-profit law. For example, the chapter considers the possibility that if charitable trusts entailing discrimination are to be struck down or varied on anti-discrimination grounds, then so must discriminatory ‘private’ trusts be struck down.