Colour discrimination against persons with albinism in South Africa

Abstract

This article explores issues relating to discrimination against persons living with albinism, against the background of colour discrimination. It also addresses calls for ‘colourism’ to be recognised as a distinct form of discrimination. Although colour as grounds for discrimination is prohibited in the equality clause of the Constitution, it is conventionally grouped with race and ethnicity when unfair discrimination is interpreted. We argue that discrimination against persons living with albinism should be possible based on colour as a prohibited ground, independent from race or ethnic considerations.