Editorial
| Published date | 01 December 2023 |
| DOI | http://doi.org/10.1177/13582291231216802 |
| Date | 01 December 2023 |
Editorial
International Journal of
Discrimination and the Law
2023, Vol. 23(4) 297–298
© The Author(s) 2023
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DOI: 10.1177/13582291231216802
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Editorial
This 92
nd
issue of the International Journal of Discrimination and the Law comes at a time
when the need for thinking about equality and addressing inequalities could not be more
compelling, particularly in light of the wars being waged in the Ukraine and Palestine.
Whereas the previous issues focussed on intersections, this slim volumeof only two
contributions raises important aspects of family equality, the first focused on shared
parental leave, the second on the recognition of same-sex foreign marriages.
Charlotte Bendall and Gemma Mitchell, in their article, ’The Shared Parental Leave
framework: Failing to fit working-class families?’, look at the uptake of parental leave by
fathers in the UK from a class perspective, also drawing in comparisons to the parental
leave systems in Norway and Sweden. The authors start from the premise that Shared
Parental Leave has the potential to tackle a traditional gendered-binary of roles within the
family, by encouraging more men to care. However, the authors argue that the UK Shared
Parental Leave does not speak to working-class parents, with ‘Equal parenting,’as
embodied within the legislation, imposing ideals that sit at odds with working-class
people’s attitudes, whilst also assuming a two-parent family that often is incongruous with
working-class family forms. The authors conclude by proposing a more holistic approac h
towards breaking down ‘heteronormative’notions of women’s and men’s roles to enable
people to make more meaningful choices about their lives that are not constrained by
gender.
Jamil Mujuzi, in the case commentary, ‘Equality before the law and the recognition of
same-sex foreign marriages in Namibia: Digashu and Another v GRN and Others; Seiler-
Lilles and Another v GRN and Others [2023] NASC 14’, examines these 2023 Namibian
cases from the perspective of discrimination on the basis of sexual orientation. Namibian
law, in contrast to several other African countries, does not expressly prohibit same-sex
marriages. However, the Supreme Court held in 2001 that same-sex marriages were
prohibited in Namibia. In the 2023 cases, the Supreme Court invoked Article 10 (1) of the
Namibian Constitution and common law to overrule this 2001 decision, holding that
Namibian law should recognise same-sex marriages entered into abroad, but declining to
address whether discrimination on the ground of sexual-orientation is prohibited. In this
note, the author explores why the court did not rule that the appellants had been dis-
criminated against based on their sexual orientation.
Wehope you will enjoyreadingthis last issue of 2023 and continue to support the work
of the IJDL as readers, authors and commentators. Looking ahead, while as editors we
will generally seek to maintain the current procedures and approach as taken with respect
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