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Regulating Micro-aggressions: The Legal Challenge of Everyday Bias: Brill Research Perspectives in International Law / Brill Research Perspectives in Comparative Discrimination Law

Autor Anton Kok, Lee-Anne Germanos Manuel
en Limba Engleză Paperback – 3 sep 2026
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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Specificații


Notă biografică

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.

Cuprins

Contents

1 Introduction

2 Conceptualising Micro-aggressions

3 Making the Case for the Legal Recognition of Micro-aggressions
4 The Recognition and Application of de minimis non curat lex in Different Jurisdictions
1 General Principles: Five Factors Invoked
2 Raising de minimis non curat lex in the Light of Constitutional Rights
3 Examples of High Court Judgments of South African Equality Courts
4 A Survey Sample of Lower Court Judgments in South African Equality Courts 2008–2012
5 A National Comparative Survey of the de minimis Defence
1 Germany
2 Canada
3 New Zealand
4 The Netherlands
5 Namibia
6 Summary of Comparative Analysis

6 The South African Approach to Discrimination, Hate Speech and Harassment
1 The Causes of Action Recognised in the South African Equality Act Read against the Aims of This Act
2 The Interpretation and Application of the Qualifiers (Internal Limitations) to the Causes of Action Recognised in the South African Equality Act

7 Ways Forward for Addressing Micro-aggressions
1 Discard de minimis non curat lex Where Micro-aggressions Occur against Vulnerable Groups
2 Promote the Values of Substantive Equality, Kindness and Respect in Equality Plans

8 Conclusion
Bibliography
Index