Research Handbook on Not-For-Profit Law
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Research Handbook on Not-For-Profit Law

Edited by Matthew Harding

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
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Chapter 10: Not-for-profit organizations and equality law

François du Toit

Abstract

This chapter considers to what extent, and in what ways, not-for-profit activity should be constrained by the norms of anti-discrimination law. In doing so the chapter reflects on the distinction between public and private in the legal system, the values of equality and autonomy, and the proper remit of private law in a constitutional order. The chapter shows that questions about not-for-profits and discrimination arise in common law, civilian and hybrid jurisdictions alike; it also shows that those questions cannot be confined comfortably to not-for-profit law. For example, the chapter considers the possibility that if charitable trusts entailing discrimination are to be struck down or varied on anti-discrimination grounds, then so must discriminatory ‘private’ trusts be struck down.

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