Learning to let go
It's natural to mourn and suffer the pain of a break-up. But, there comes a point when it's vital to just let it go.
The perfect pounce
Show your new partner that you are ready for intimacy without embarrassing yourself... |
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 ?lt;img src="/Woman/Images/Site/suzette.gif" width="370" height="85">Suzette de Klerk is an attorney in the Insurance litigation department of Sonnenberg Hoffmann and Galombik Inc. She lives in Oranjezicht. |
There are ample examples of discrimination against individuals based on their sexual orientation in our country's history.
It was only with the adoption of the interim Constitution in December 1993 that discrimination on grounds of 'sexual orientation' was expressly forbidden. The final Constitution, which enshrines a Bill of Rights, was adopted on May 8, 1996.
The Bill of Rights is located in the second chapter of the Constitution and enshrines the values of 'human dignity, equality and freedom'. Section 9 protects the right to equality. Sixteen grounds of non-discrimination are listed, including 'sex', 'marital status', 'gender' and 'sexual orientation'.
The section refers to 'unfair discrimination'. Therefore, not all discrimination will automatically be unfair. Section 36 provides for the limitation of rights. When interpreting action or behaviour, which can be construed as an infringement of the right to equality, the criteria of reasonableness and objectiveness are usually employed.
Since the adoption of the Bill of Rights, there has been many victories for gay and lesbian individuals. In 1999, in the matter of National Coalition for Gay and Lesbian Equality and another v Minister of Justice and others, the common-law offence of sodomy was declared to be inconsistent with the 1996 Constitution and declared invalid.
The infamous Section 20A of the Sexual Offences Act, which declared any male who 'commits with another male at a party any act which is calculated to stimulate sexual passion or to give sexual gratification' a criminal offender, was also declared invalid.
In the matter of Fraser v Children's Court, Pretoria North, and others 1997, the Constitutional court found that section 18(4)(d) of the Child Care Act was invalid as it dispensed with the natural father's consent for the adoption of an 'illegitimate' child in all circumstances. The act required the consent of the mother only. The court found that the section unfairly discriminates against fathers in certain unions and those in other unions not recognised by the law.
Gays and lesbians who want to adopt children are faced by numerous difficulties. In terms of the Child Care Act 74 of 1983, a child may be adopted:
It is impossible for a gay or lesbian person to adopt his/her partner's child, as the act directs that such a child may only be adopted by the parent's 'spouse'. Partners in same-sex relationships cannot yet legally marry in our country.
It is possible for a single person to adopt. Before the Constitution and Bill of Rights, the person's sexual orientation frequently disqualified him/her from being considered.
Even in the event that the adoption is successful, the other partner will not have any access rights should the relationship break down.
In 1995, Johannesburg Child Welfare permitted a gay couple to adopt a child. This was the first ever officially approved gay adoption to take place.
The spokesperson for Johannesburg Child Welfare went on record to state that anyone can apply to adopt a child. There are general criteria that include good health, time, energy and availability, amongst others. Gay couples will not be discriminated against because of their sexual orientation. Many times married couples do not qualify to adopt.
The Netherlands is by far the most liberal with regard to this issue, the Dutch parliament having legalised gay marriages and adoption by same-sex couples.
The passing of The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 was a legislative landmark. The Act is structured to give full effect to section 9 of the Constitution.
The time will come ? probably sooner than we think – when gay and lesbian partners may be legally married, and then jointly adopt children with the same rights and obligations as in heterosexual marriages.
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These nine sex positions are far hotter than any fire, and they'll get you and your man into a sizzling state!
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