September v. Subramoney and its implications for transgender persons in South Africa

This article discusses the case of <i>September v. Subramoney</i> heard in 2019 in the Equality Court. Following a discussion of the case, the article examines the implications of this case for future jurisprudence with reference to the use of non-binding international law in South Afric...

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Bibliographic Details
Main Author: Sloth-Nielsen, R
Format: Journal article
Language:English
Published: Edinburgh University Press 2021
Description
Summary:This article discusses the case of <i>September v. Subramoney</i> heard in 2019 in the Equality Court. Following a discussion of the case, the article examines the implications of this case for future jurisprudence with reference to the use of non-binding international law in South African litigation, the implications this case has for other transgender inmates as well as its implications for other state institutions, for example the principle of reasonable accommodation in so far as it applies to transgender persons, the recognition of gender identity as an analogous ground in discrimination law, and the endurance of the binary model of gender identification in South Africa.