Regulating Micro-aggressions

The Legal Challenge of Everyday Bias

Series: 

Have you ever felt the "daily pinpricks" of subtle bias? This book investigates if legal systems should dismiss micro-aggressions as trivialities, or recognise their cumulative harm to the dignity of vulnerable groups. A global survey, from Canada and Germany to Namibia and South Africa, reveals how courts often ignore "small" slights, and where existing judgments hold promise to meaningfully address these slights. We argue that dismissing these moments entrenches systemic exclusion. Our solution lies in multi-layered law reform. We propose reform of tort law to recognise micro-aggressions, mandatory equality plans and education to foster a kind and caring society. Read this to discover how law can dismantle everyday indignities and protect substantive equality.

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Anton Kok (BCom Law LLB LLM LLD, University of Pretoria) is Professor of Law at that university. In his writings he focuses almost exclusively on the (South African) Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. He is an admitted attorney and acted as judge in the Pretoria High Court for the first term in 2024.

Lee-Anne Germanos Manuel has a BCom Law and LLB Law degree from the University of Pretoria. She is an admitted attorney, having served her articles of clerkship at ENSafrica and worked as an associate commercial litigator. Lee-Anne subsequently pursued her masters degree in International Human Rights Law at the University Oxford, and became a legal researcher for the Helen Suzman Foundation. Lee-Anne went on to clerk for the Constitutional Court of South Africa, and simultaneously co-founded The Embrace Project, an NPC established to combat gender-based violence and femicide in South Africa. Lee-Anne has also occupied the position of Senior Campaigner for the South African office of Change.org, and is currently the Advisor to the South African Human Rights Commissioner leading the institution’s Anti-Racism, Equality and Education strategies.
Academic institutes, libraries, specialists and students in equality law, human rights and constitutional law. It may also serve legal practitioners, psychologists and sociologists studying transformative equality and cumulative harm.
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