Page:NCGLE v Minister of Home Affairs.djvu/39

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Ackermann J

If its purpose is manifestly not directed, in the first instance, at impairing the complainants in their fundamental human dignity or in a comparably serious respect, but is aimed at achieving a worthy and important societal goal, such as, for example, the furthering of equality for all, this purpose may, depending on the facts of the particular case, have a significant bearing on the question whether the complainants have in fact suffered the impairment in question.
(c) with due regard to (a) and (b) above, and any other relevant factors, the extent to which the discrimination has affected the rights or interests of complainants and whether it has led to an impairment of their fundamental human dignity or constitutes an impairment of a comparably serious nature.[1]

It is noteworthy how the Canadian Supreme Court has, in the development of its equality jurisprudence under section 15(1) of the Canadian Charter, come to see the central purpose of its

  1. Id.