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

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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.

Empowering Women

Author : Mary Hallward-Driemeier
Publisher : World Bank Publications
ISBN 13 : 0821395343
Total Pages : 237 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Empowering Women by : Mary Hallward-Driemeier

Download or read book Empowering Women written by Mary Hallward-Driemeier and published by World Bank Publications. This book was released on 2012-10-04 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides compelling evidence from 42 Sub-Saharan African countries that gender gaps in legal capacity and property rights need to be addressed in terms of substance, enforcement, awareness, and access if economic opportunities for women in Sub-Saharan Africa are to continue to expand.

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.

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.

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.

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:

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.

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:

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.

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.

Customary Law

Author : South African Law Commission
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Customary Law by : South African Law Commission

Download or read book Customary Law written by South African Law Commission and published by . This book was released on 2000 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Religion in Africa

Author : Pieter Coertzen
Publisher : AFRICAN SUN MeDIA
ISBN 13 : 1919985638
Total Pages : 382 pages
Book Rating : 4.9/5 (199 download)

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Book Synopsis Law and Religion in Africa by : Pieter Coertzen

Download or read book Law and Religion in Africa written by Pieter Coertzen and published by AFRICAN SUN MeDIA. This book was released on 2015-05-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our time the study of law and religion is emerging as a wide-ranging and vital academic discipline, with increasingly urgent implications for society at large. Lying at the intersection of a variety of other disciplines ? law, theology, religious studies, political science, sociology and anthropology, to name only the most obvious ? the field of law and religion is generating a burgeoning volume of interdisciplinary and trans-disciplinary research and study. The current volume is proof of this. The discussion of the relationship between law and religion, as seen from a variety of perspectives in Africa, underscores the critical importance of the issues involved in the everyday life of all citizens. It is accordingly vital for governments to take note of the scholarly results that are produced. We hope that this volume will contribute to this aim.

Family and Succession Law in South Africa

Author : Jacqueline Heaton
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403513187
Total Pages : 375 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in South Africa by : Jacqueline Heaton

Download or read book Family and Succession Law in South Africa written by Jacqueline Heaton and published by Kluwer Law International B.V.. This book was released on 2024-04-17 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in South Africa covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with South Africa. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Violence Against Women in South Africa

Author : Binaifer Nowrojee
Publisher : Human Rights Watch
ISBN 13 : 9781564321626
Total Pages : 144 pages
Book Rating : 4.3/5 (216 download)

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Book Synopsis Violence Against Women in South Africa by : Binaifer Nowrojee

Download or read book Violence Against Women in South Africa written by Binaifer Nowrojee and published by Human Rights Watch. This book was released on 1995 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: - The Cautionary Rule

A Theory of African Constitutionalism

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
ISBN 13 : 0192893920
Total Pages : 273 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis A Theory of African Constitutionalism by : Berihun Adugna Gebeye

Download or read book A Theory of African Constitutionalism written by Berihun Adugna Gebeye and published by Oxford University Press. This book was released on 2021 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Women of the World

Author : Jeanne S. Newman
Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Women of the World by : Jeanne S. Newman

Download or read book Women of the World written by Jeanne S. Newman and published by . This book was released on 1984 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Women, Business and the Law 2016

Author : World Bank Group
Publisher : World Bank Publications
ISBN 13 : 1464806780
Total Pages : 271 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Women, Business and the Law 2016 by : World Bank Group

Download or read book Women, Business and the Law 2016 written by World Bank Group and published by World Bank Publications. This book was released on 2015-09-18 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a changing world, how can we be sure that women as well as men entrepreneurs and workers obtain the benefit from these changes? Ensuring that women have the same legal opportunities as men is one part of the picture. By measuring where the law treats men and women differently, Women, Business and the Law shines a light on how women's incentives or capacity to work are affected by the legal environment and provides a basis for improving regulation. The fourth edition in a series, Women, Business and the Law 2016: Getting to Equal examines laws and regulations affecting women's prospects as entrepreneurs and employees in 173 economies, across seven areas: accessing institutions, using property, getting a job, providing incentives to work, building credit, going to court, and protecting women from violence. The report's quantitative indicators are intended to inform research and policy discussions on how to improve women's economic opportunities and outcomes.