Protection Of Womens Marital Property Rights Upon The Dissolution Of A Customary Marriage In South Africa

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Protection of Women's Marital Property Rights Upon the Dissolution of a Customary Marriage in South Africa

Author :
Publisher :
ISBN 13 : 9781770113374
Total Pages : 26 pages
Book Rating : 4.1/5 (133 download)

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Book Synopsis Protection of Women's Marital Property Rights Upon the Dissolution of a Customary Marriage in South Africa by :

Download or read book Protection of Women's Marital Property Rights Upon the Dissolution of a Customary Marriage in South Africa written by and published by . This book was released on 2015 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Based on an empirical study of marital dissolution, this paper examines the effectiveness of the Recognition of Customary Marriages Act 1998 and its enforcing institutions to provide the necessary protection of women's marital property rights when customary marriages end. Drawing on data from court (divorce) files and semi-structured interviews, the paper will examine the effectiveness of the new laws for individuals who seek to regulate marital dissolution through both judicial and extra judicial systems. In doing so, it examines how judicial and extrajudicial systems interact and co-exist. The findings show that both systems of regulation are failing to recognise women's right to an equitable distribution of the marital estate upon divorce. The paper demonstrates the weaknesses inherent in the judicial regulation of divorce combined with the consequences of the continued private regulation of marital dissolution. Resistance to an equal division of marital assets continues and a more dedicated and systematic effort is required to curb financial exploitation upon the dissolution of a customary marriage if the State wants women living under customary law to enjoy their human rights under the Constitution." -- Abstract.

Uncovering Reality

Author :
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Uncovering Reality by :

Download or read book Uncovering Reality written by and published by . This book was released on 1992 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Proposals for Law Reform on the Recognition of Customary Marriages

Author : Legal Assistance Centre (Namibia)
Publisher : Centre
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Proposals for Law Reform on the Recognition of Customary Marriages by : Legal Assistance Centre (Namibia)

Download or read book Proposals for Law Reform on the Recognition of Customary Marriages written by Legal Assistance Centre (Namibia) and published by Centre. This book was released on 1999 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores possible legal reforms for the recognotion of customary marriages in Namibia. It emphasis recognition rather than merely registration might or might not be a prerequisite for recognition.

Women's Property Rights Under CEDAW

Author : José E. Alvarez
Publisher : Oxford University Press
ISBN 13 : 0197751873
Total Pages : 433 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis Women's Property Rights Under CEDAW by : José E. Alvarez

Download or read book Women's Property Rights Under CEDAW written by José E. Alvarez and published by Oxford University Press. This book was released on 2024 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

Marriage markets and vertiltiy in South Africa with comparisons to Britain and Sweden

Author : Seble Worku-Yergou Belay
Publisher : Rozenberg Publishers
ISBN 13 : 9051707908
Total Pages : 142 pages
Book Rating : 4.0/5 (517 download)

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Book Synopsis Marriage markets and vertiltiy in South Africa with comparisons to Britain and Sweden by : Seble Worku-Yergou Belay

Download or read book Marriage markets and vertiltiy in South Africa with comparisons to Britain and Sweden written by Seble Worku-Yergou Belay and published by Rozenberg Publishers. This book was released on 2007 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:

South Africa's System of Dispute Resolution Forums

Author : Kirsty Button
Publisher :
ISBN 13 : 9781770113268
Total Pages : 28 pages
Book Rating : 4.1/5 (132 download)

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Book Synopsis South Africa's System of Dispute Resolution Forums by : Kirsty Button

Download or read book South Africa's System of Dispute Resolution Forums written by Kirsty Button and published by . This book was released on 2014 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In being a legal pluralist , South Africa has a system of state and customary dispute resolution forums. This paper is concerned with this system of dispute resolution forums, particularly in how marital disputes relating to the dissolution of customary marriages are mediated and resolved. It is demonstrated, through drawing upon data collected for the purposes of a larger research project, that there are serious shortcomings which exist within this system. Such shortcomings include the operation of structural constraints which limit women in their ability to access state dispute resolution forums for support in marital breakdown and the availability of some customary dispute resolution forums which appear to be under-utilised by couples experiencing marital breakdown. Another possible shortcoming within the abovementioned system is the insufficient assistance that is offered by the state, to married couples experiencing marital conflict and breakdown. This paper argues that these shortcomings prevent equitable outcomes in marital conflict and breakdown from being reached. Consequently, such shortcomings contribute to women being rendered economically vulnerable upon the dissolution of their customary marriages as they are often left to deal with marital conflict and breakdown in the context of unequal power relations which exist between spouses. This paper concludes by discussing possible solutions that could be adopted to rectify the shortcomings and help ensure that gender equality is achieved upon the dissolution of customary marriages." -- Abstract.

Marriage and Family Life in South Africa

Author : Human Sciences Research Council
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Marriage and Family Life in South Africa by : Human Sciences Research Council

Download or read book Marriage and Family Life in South Africa written by Human Sciences Research Council and published by . This book was released on 1997 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: And research proposal theme 8.

Gender, Law and Justice

Author : Elsje Bonthuys
Publisher : Juta and Company Ltd
ISBN 13 : 9780702176647
Total Pages : 500 pages
Book Rating : 4.1/5 (766 download)

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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.

Marriages and Customary Unions of Black Persons

Author : South African Law Commission
Publisher :
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis Marriages and Customary Unions of Black Persons by : South African Law Commission

Download or read book Marriages and Customary Unions of Black Persons written by South African Law Commission and published by . This book was released on 1985 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Land Tenure, Housing Rights and Gender in Mozambique

Author :
Publisher : UN-HABITAT
ISBN 13 : 9211317711
Total Pages : 92 pages
Book Rating : 4.2/5 (113 download)

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Book Synopsis Land Tenure, Housing Rights and Gender in Mozambique by :

Download or read book Land Tenure, Housing Rights and Gender in Mozambique written by and published by UN-HABITAT. This book was released on 2005 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Report on Customary Law Marriages

Author : Namibia. Law Reform and Development Commission
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report on Customary Law Marriages by : Namibia. Law Reform and Development Commission

Download or read book Report on Customary Law Marriages written by Namibia. Law Reform and Development Commission and published by . This book was released on 2004 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a report on customary law marriages. One of the recommendation is that, there shall be full legal recognition for customary law marriages so as to bring them on par with common law marriages.

Women's Human Rights

Author : Susan Deller Ross
Publisher : University of Pennsylvania Press
ISBN 13 : 0812200020
Total Pages : 702 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Women's Human Rights by : Susan Deller Ross

Download or read book Women's Human Rights written by Susan Deller Ross and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

The UN Convention on the Elimination of All Forms of Discrimination Against Women

Author : Marsha A. Freeman
Publisher : OUP Oxford
ISBN 13 : 0191630098
Total Pages : 5372 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The UN Convention on the Elimination of All Forms of Discrimination Against Women by : Marsha A. Freeman

Download or read book The UN Convention on the Elimination of All Forms of Discrimination Against Women written by Marsha A. Freeman and published by OUP Oxford. This book was released on 2012-01-26 with total page 5372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. The Commentary describes the application of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol. It also includes a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations and case law under the Optional Protocol, through which the Committee has interpreted and applied the Convention. Each chapter is self-contained but the Commentary is conceived of as an integral whole. The book also includes an Introduction which provides an overview of the Convention and its embedding in the international law of human rights.

Women and Democracy

Author : Jane S. Jaquette
Publisher : JHU Press
ISBN 13 : 9780801858383
Total Pages : 268 pages
Book Rating : 4.8/5 (583 download)

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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.

Reform of Customary Marriage, Divorce and Succession in South Africa

Author : Chuma Himonga
Publisher :
ISBN 13 : 9781485107293
Total Pages : 392 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Reform of Customary Marriage, Divorce and Succession in South Africa by : Chuma Himonga

Download or read book Reform of Customary Marriage, Divorce and Succession in South Africa written by Chuma Himonga and published by . This book was released on 2015 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

African Feminisms and Women in the Context of Justice in Southern Africa

Author : Cori Wielenga
Publisher : Springer Nature
ISBN 13 : 3030821285
Total Pages : 130 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis African Feminisms and Women in the Context of Justice in Southern Africa by : Cori Wielenga

Download or read book African Feminisms and Women in the Context of Justice in Southern Africa written by Cori Wielenga and published by Springer Nature. This book was released on 2021-10-07 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores justice ‘on the ground’ in Southern African communities, and in particular the roles that women play in these processes. Justice on the ground is often critiqued for being male-dominated and patriarchal. This volume seeks to unpack and problematize this assumption through the case studies of Namibia, Zimbabwe, Mozambique and South Africa. Contributions focus on the lived experiences of women and the intersections of race, class, culture and the colonial experience that shape their lives. In the rural and peri-urban contexts discussed in this book, justice on the ground is found to be relational. The network of relationships between people and the well-being and health of a community as an integral whole continue to be of central importance as the survival of the community depends on the entire community functioning interdependently. An engagement with African feminisms is helpful in providing a number of lenses, or simply questions, through which to read the case studies. These case studies reveal the complex and organic ways in which women have power and influence in relation to justice on the ground which may not be immediately obvious.

Report Pertaining to the Matrimonial Property Law with Special Reference to the Matrimonial Affairs Act, 1953, the Status of the Married Woman, and the Law of Succession in So Far as it Affects the Spouses

Download Report Pertaining to the Matrimonial Property Law with Special Reference to the Matrimonial Affairs Act, 1953, the Status of the Married Woman, and the Law of Succession in So Far as it Affects the Spouses PDF Online Free

Author : South African Law Commission
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report Pertaining to the Matrimonial Property Law with Special Reference to the Matrimonial Affairs Act, 1953, the Status of the Married Woman, and the Law of Succession in So Far as it Affects the Spouses by : South African Law Commission

Download or read book Report Pertaining to the Matrimonial Property Law with Special Reference to the Matrimonial Affairs Act, 1953, the Status of the Married Woman, and the Law of Succession in So Far as it Affects the Spouses written by South African Law Commission and published by . This book was released on 1982 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: