It is clear that no legitimate objective is advanced by excluding domestic workers from COIDA. If anything, their exclusion has a significant stigmatising effect which entrenches patterns of disadvantage based on race, sex and gender…. In considering those who are most vulnerable or most in need, a court should take cognisance of those who fall at the intersection of compounded vulnerabilities due to intersecting oppression based on race, sex, gender, class and other grounds. To allow this form of state-sanctioned inequity goes against the values of our newly constituted society namely human dignity, the achievement of equality and ubuntu. To exclude this category of individuals from the social security scheme established by COIDA is manifestly unreasonable.
These conditions can easily be set out in very abstract terms. Government must respect human rights, it must respect religious freedom and other forms of freedom of conscience, it must distribute its wealth so as to give everyone a fair stake in its economy and, above all, it must conduct its elections and other political procedures argumentatively so that each citizen is treated as someone worth convincing not just outvoting.
The United States fails by all these standards, and Britain does not do much better. We fail most dramatically in the character of our politics. Our politicians treat us as ignorant consumers; they entertain us with slogans and sound bites rather than arguments. In America, a very pessimistic explanation of this degraded politics is now fashionable. Americans are supposedly divided into two radically opposed cultures: the red culture that wants its religion public, drinks beer, lives in the middle, and votes Republican, and the blue culture that keeps its religion (if any) private, drinks white wine, lives on the coasts and votes Democratic. Genuine argument requires some common ground from which argument can start, and the conventional wisdom now holds that these two cultures are so fundamentally divided, in every respect, that there is no common ground. Politics is doomed to be war by other means.