Winter 2021
| Author | Nicole Busby,Grace James |
| DOI | 10.1177/13582291211060088 |
| Published date | 01 December 2021 |
| Date | 01 December 2021 |
| Subject Matter | Editorial |
Editorial
International Journal of
Discrimination and the Law
2021, Vol. 21(4) 311–312
© The Author(s) 2021
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DOI: 10.1177/13582291211060088
journals.sagepub.com/home/jdi
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 dis-
criminatory 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 es-
tablishment 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 re-
consider 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.
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