Page:NCGLE v Minister of Justice.djvu/21



Rh In paragraph 41 dignity was referred to as an underlying consideration in the determination of unfairness. The prohibition of unfair discrimination in the Constitution provides a bulwark against invasions which impair human dignity or which affect people adversely in a comparably serious manner.

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In order to determine whether the discriminatory provision has impacted on complainants unfairly, various factors must be considered. These would include:

These factors, assessed objectively, will assist in giving ‘precision and elaboration’ to the constitutional test of unfairness. They do not constitute a closed list. Others may emerge Rh