Gender stereotypes in South African law: Hugo and beyond

This paper examines the extent and effects of gender stereotyping in South African equality law. In using the case of Hugo v the Republic of South Africa, I argue that the stereotype that women are the natural caretakers of children and that men are not has the undesirable impact of preventing the attainment of substantive equality.; This stereotype is only one aspect preventing the attainment of substantive equality. Racial stereotypes also exist. These problems are not peculiar to South Africa and are similarly evidenced in Canada.; It is argued that benefits to women ought to be framed in terms of functional categories. This combined with a progressive court and long term social policies would bring about substantive equality to women.