Winter 2021

Welcome to the December issue of the International Journal of Discrimination and the Law. As the world continues to struggle with the challenges of the Covid-19 pandemic – discussed at length in our Autumn Special Issue – we are, in the first two articles here, reminded of the difficulties faced by many due to law’s inability to adequately engage with stubborn, damaging prejudices that have permeated societies for generations. The ongoing ramifications of a global pandemic that continues to impact upon the lives of millions of people across the world is the topic of our first article: focussing on issues arising from litigation brought by those facing discrimination due to HIV/AIDS in Nigeria, Bola Fajemirokun highlights the constraints inherent in relevant legal measures and the perils of litigation in Nigeria. The latter include stigmatisation and inordinate delays and the author suggests how differential treatment of women with AIDS/HIV can add to their plight.

In the second article, consideration of the ongoing effects of apartheid interventions on educational systems in South Africa is explored. Through an historical analysis, Kola Odeku provides an illuminating account of the legal journey undertaken from discriminatory apartheid provisions to post-1994 attempts to enable educational equality and inclusivity for all South Africans regardless of race, creed or religion. The author explains how segregation was developed through laws that purposefully discriminated, producing very diverse educational experiences for children in terms of duration, funding, resources and curriculum. The article then explains how this segregation continues today, despite legal interventions, due to a lack of implementation of the post-1994 laws. The author concludes that segregation is still a lived reality in South Africa and calls for the establishment of an independent body to ensure that all the educational laws and policies are enforced.

In the third article, focus shifts to consideration of laws relating to protection against religious discrimination in the UK. Myriam Hunter-Henin argues that we need to reconsider the relationship between religious freedom and discrimination and suggests that all religious interests would be better served if grounded in a democratic framework. This is, the author argues, a useful means by which to emphasise the negative and the positive aspects of the right not to be discriminated against on religious grounds, a useful conduit for revisiting certain key features of the relevant legal framework and a beneficial means of avoiding the pitfalls of contextual balancing exercises that permeate the relevant case law.

In the fourth contribution of this Issue, Natalie Alkiviadou and Uladzislau Belavusau critique existing challenges to homophobic speech in European and U.S. laws. Focussing on, and comparing, key cases at the European Court of Human Rights, the Court of Justice of the European Union and the U.S. Supreme Court, the article highlights the legal concepts that are most likely to benefit organisations seeking to gain legal redress in relation to the various expressions of homophobia that persist.

In this final Issue of the year, the authors have, yet again, provided an excellent opportunity for us to reflect upon legal responses to persistent and pervasive forms of discrimination and inequality across the globe. As the diversity of geographical settings and discriminatory activities explored here – and throughout 2021 – suggest, the need to uncover and meaningfully critique the legal provisions, or lack of legal provisions, is an ongoing endeavour. Contributors, reviewers, editorial board members, production team and readers continue to engage with this important work and do so with enthusiasm and despite the unprecedented challenges of COVID-19. Thank you! We look forward to engaging again in 2022.