[PDF] Gender And The New South African Legal Order eBook

Author : Christina Murray
Publisher :
Page : 272 pages
File Size : 12,63 MB
Release : 1994
Category : Law
ISBN :

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South Africa's constitution commits the country to democracy and the elimination of discrimination against women. This volume of essays explores the meaning and implications of gender equality in South Africa.

Author : Elsje Bonthuys
Publisher : Juta and Company Ltd
Page : 500 pages
File Size : 15,94 MB
Release : 2007
Category : Law
ISBN : 9780702176647

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Feminist lawyers have long been engaged in critiquing the gendered nature of South African law. This project has increased in importance and scope as a result of the centrality of gender equality, as a value and a substantive right, in the South African Constitution. Gender, Law and Justice provides both theoretical and practical tools to enable academic and practising lawyers to apply concepts of gender equality to the law. It introduces readers to basic feminist concepts and arguments, and to a wealth of local, comparative and international material on gender and the law. It also illustrates how the law may be shaped to transform the social, cultural and economic conditions of women's lives in South Africa, at the same time as it acknowledges the limits of legal strategies for change. This book has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives. Secondly, it aims to expose the gender bias in legal concepts and in the content and application of legal rules. Thirdly, it suggests changes to the law, and evaluates those changes that have already occurred, with a view to developing the law so that it is better able to ensure justice and meet the diverse needs of women in South Africa.

Author : Dawid Hercules Van Wyk
Publisher :
Page : 792 pages
File Size : 26,16 MB
Release : 1996
Category : Law
ISBN :

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This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.

Author : Hannah E. Britton
Publisher : University of Illinois Press
Page : 272 pages
File Size : 25,69 MB
Release : 2020-04-16
Category : Social Science
ISBN : 0252051971

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South African women's still-increasing presence in local, provincial, and national institutions has inspired sweeping legislation aimed at advancing women's rights and opportunity. Yet the country remains plagued by sexual assault, rape, and intimate partner violence. Hannah E. Britton examines the reasons gendered violence persists in relationship to social inequalities even after women assume political power. Venturing into South African communities, Britton invites service providers, religious and traditional leaders, police officers, and medical professionals to address gender-based violence in their own words. Britton finds the recent turn toward carceral solutions—with a focus on arrests and prosecutions—fails to address the complexities of the problem and looks at how changing specific community dynamics can defuse interpersonal violence. She also examines how place and space affect the implementation of policy and suggests practical ways policymakers can support street level workers. Clear-eyed and revealing, Ending Gender-Based Violence offers needed tools for breaking cycles of brutality and inequality around the world.

Author : Gretchen Bauer
Publisher : Routledge
Page : 215 pages
File Size : 30,54 MB
Release : 2015-10-30
Category : Political Science
ISBN : 1317516494

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Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.

Author : Jane S. Jaquette
Publisher : JHU Press
Page : 268 pages
File Size : 40,75 MB
Release : 1998-10-07
Category : Political Science
ISBN : 9780801858383

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A unique look at the political experiences of women in two regions of the world--Latin American and Eastern and Central Europe--which have moved from authoritarian to democratic regimes. By examining various political attitudes and efforts of women as they learn to participate in the political process, contributors offer important new insights into democratic consolidation.

Author : Martin Chanock
Publisher : Cambridge University Press
Page : 596 pages
File Size : 20,55 MB
Release : 2001-03-05
Category : History
ISBN : 9780521791564

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Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.

Author : Shadrack Gutto
Publisher : New Africa Books
Page : 388 pages
File Size : 10,99 MB
Release : 2001
Category : Law
ISBN : 9781919876559

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This study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work.