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Gender And The New South African Legal Order
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Book Synopsis Gender and the New South African Legal Order by : Christina Murray
Download or read book Gender and the New South African Legal Order written by Christina Murray and published by . This book was released on 1994 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rights and Constitutionalism by : Dawid Hercules Van Wyk
Download or read book Rights and Constitutionalism written by Dawid Hercules Van Wyk and published by . This book was released on 1996 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Gender, Law and Justice by : Elsje Bonthuys
Download or read book Gender, Law and Justice written by Elsje Bonthuys and published by Juta and Company Ltd. This book was released on 2007 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Ending Gender-Based Violence by : Hannah E. Britton
Download or read book Ending Gender-Based Violence written by Hannah E. Britton and published by University of Illinois Press. This book was released on 2020-04-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Women and Democracy by : Jane S. Jaquette
Download or read book Women and Democracy written by Jane S. Jaquette and published by JHU Press. This book was released on 1998-10-07 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Engaging Cultural Differences by : Richard A., Shweder
Download or read book Engaging Cultural Differences written by Richard A., Shweder and published by Russell Sage Foundation. This book was released on 2002-06-27 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.
Book Synopsis Gender and Justice in Multicultural Liberal States by : Monique Deveaux
Download or read book Gender and Justice in Multicultural Liberal States written by Monique Deveaux and published by OUP Oxford. This book was released on 2006-11-30 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.
Download or read book Making Rights Work written by Penny Smith and published by Routledge. This book was released on 2019-01-15 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this edited collection of essays explores various perspectives on making rights work in South Africa, Canada, the USA and the UK, along with pieces on gender, political, LGBT and British legal rights. The volume was inspired by recent strides forward at the time, including the South African Constitution adopted on the 8th of May 1996, and sought to provide a snapshot of rights debates at the time.
Download or read book South Africa written by T. Davenport and published by Springer. This book was released on 2000-03-08 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the whole of South African history from pre-colonial times to 1999, suitable for serious students of the subject. It handles all major topics, with special focus on the dramatic changes that have occured since 1990.
Download or read book Loss written by David L. Eng and published by Univ of California Press. This book was released on 2003 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If catastrophe is not representable according to the narrative explanations which would ‘make sense’ of history, then making sense of ourselves and charting the future are not impossible. But we are, as it were, marked for life, and that mark is insuperable, irrecoverable. It becomes the condition by which life is risked, by which the question of whether one can move, and with whom, and in what way is framed and incited by the irreversibility of loss itself."—Judith Butler, from the Afterword "Loss is a wonderful volume: powerful and important, deeply moving and intellectually challenging at the same time, ethical and not moralistic. It is one of those rare collections that work as a multifaceted whole to map new areas for inquiry and pose new questions. I found myself educated and provoked by the experience of participating in an ongoing dialogue."—Amy Kaplan, author of The Anarchy of Empire in the Making of U.S. Culture
Book Synopsis Choice and conscience: Lessons from South Africa for a global debate by : Satang Nabaneh
Download or read book Choice and conscience: Lessons from South Africa for a global debate written by Satang Nabaneh and published by Pretoria University Law Press. This book was released on 2023-11-08 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice and Conscience offers a fresh and insightful perspective on the highly debated issue of conscientious objection in abortion care. Satang Nabaneh’s socio-legal approach, which draws on both traditional legal scholarship and African feminist intellectual traditions, provides a nuanced understanding of how legal norms construct and maintain power relations. By focusing on the experiences of nurses in South Africa, Nabaneh explores the complexities of conscience, discretionary power, and socio-cultural and political factors that influence nurses’ decisions about whether or not to conscientiously object. In the wake of the recent rollback of abortion rights in the United States and the trend towards liberalisation within the African region, Nabaneh provides an important African perspective on how the international human rights framework should strike a contextual balance between freedom of conscience and ensuring access to abortion. Choice and Conscience will interest lawyers, activists, policymakers, scholars, and students exploring the dynamic intersections of law, healthcare, and gender politics. Choice and Conscience … stands as a significant and valuable addition to the ongoing global scholarship on this critical issue. It underscores the vital concept that intersectionality should occupy a central place in our examination of how various local contexts give rise to layered forms of privilege and disadvantage. Dr Tlaleng Mofokeng, UN Special Rapporteur on the right to health … Nabaneh’s study of “law in action” zeros in on South African nurses--gatekeepers who often object to the practice for reasons of “conscience.” Her interviews of these nurses and her analysis complicate our understanding of challenges to abortion access, providing lessons applicable not only to South Africa and other African countries, but everywhere where there is a gap between formal law and its application. Mindy Jane Roseman, JD, PhD, Yale Law School Written from an African feminist perspective, this book offers fresh insights into our understanding of the intersection between politics, mobilisation of discretionary power and the exercise of conscientious objection to abortion by mid-level providers. Charles Ngwena, Professor of Law, Centre for Human Rights, University of Pretoria This book offers powerful insights about how informal and background norms in health systems function constrain or enable reproductive justice. Focusing on conscientious objection to abortion by nurses (including midwives) in South Africa, Nabaneh sketches the importance of a feminist analysis that is situated in Africans’ lived realities. Alicia Ely Yamin, Harvard University
Book Synopsis The Public Law of Gender by : Kim Rubenstein
Download or read book The Public Law of Gender written by Kim Rubenstein and published by Cambridge University Press. This book was released on 2016-05-26 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.
Book Synopsis The Gender of Constitutional Jurisprudence by : Beverley Baines
Download or read book The Gender of Constitutional Jurisprudence written by Beverley Baines and published by Cambridge University Press. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Book Synopsis Feminist Institutionalism in South Africa by : Amanda Gouws
Download or read book Feminist Institutionalism in South Africa written by Amanda Gouws and published by Rowman & Littlefield. This book was released on 2022-10-17 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with feminist institutionalism through asking the key question: can gender equality be designed? It provides a critical analysis of the South African Commission for Gender Equality to assess its successes and failures over a more than 20-year period and provides insight into the design of structures of national gender machineries – how they are designed influences the outcomes for gender equality. The research in this collection sheds light on choices for institutional design of national gender machineries during democratic transitions, the co-optation of institutions, the silences and collusions of those selected to work in the institutions, and the resourcing of institutions and their impact on policy making for women's substantive equality. This book will have a broad appeal for scholars of feminist institutionalism.
Download or read book Chiefs in South Africa written by NA NA and published by Springer. This book was released on 2016-09-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ongoing resurgence of traditional power structures in South Africa. Oomen assesses the relation between the changing legal and socio-political position of traditional authority and customary law and what these changes can teach us about the interrelation between law, politics, and culture in the post-modern world.
Book Synopsis Women's Organizations and Democracy in South Africa by : Shireen Hassim
Download or read book Women's Organizations and Democracy in South Africa written by Shireen Hassim and published by Univ of Wisconsin Press. This book was released on 2006-06-26 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transition to democracy in South Africa was one of the defining events in twentieth-century political history. The South African women’s movement is one of the most celebrated on the African continent. Shireen Hassim examines interactions between the two as she explores the gendered nature of liberation and regime change. Her work reveals how women’s political organizations both shaped and were shaped by the broader democratic movement. Alternately asserting their political independence and giving precedence to the democratic movement as a whole, women activists proved flexible and remarkably successful in influencing policy. At the same time, their feminism was profoundly shaped by the context of democratic and nationalist ideologies. In reading the last twenty-five years of South African history through a feminist framework, Hassim offers fresh insights into the interactions between civil society, political parties, and the state. Hassim boldly confronts sensitive issues such as the tensions between autonomy and political dependency in feminists’ engagement with the African National Congress (ANC) and other democratic movements, and black-white relations within women’s organizations. She offers a historically informed discussion of the challenges facing feminist activists during a time of nationalist struggle and democratization. Winner, Victoria Schuck Award for best book on women and politics, American Political Science Association “An exceptional study, based on extensive research. . . . Highly recommended.”—Choice “A rich history of women’s organizations in South African . . . . [Hassim] had observed at first hand, and often participated in, much of what she described. She had access to the informants and private archives that so enliven the narrative and enrich the analysis. She provides a finely balanced assessment.”—Gretchen Bauer, African Studies Review
Book Synopsis Gender Stereotyping by : Rebecca Cook
Download or read book Gender Stereotyping written by Rebecca Cook and published by University of Pennsylvania Press. This book was released on 2011-07-19 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.
