Compromising of Gender Equality Rights – Through the Recognition of Muslim Marriages in South Africa

2010 ◽  
pp. 201-214
Author(s):  
Rashida Manjoo
2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.


Author(s):  
Simon Motshweni

The aim of this paper is to interrogate the post-1994 feminist approaches to jurisprudential discourse. This interrogation will include a consideration as to whether critical instead of ‘traditional’ feminist theories contribute in transforming or decolonising South African law and jurisprudence. It is my suggestion that the inquiry to address ‘gender equality’ before and without addressing issues of racism and racial classism simultaneously in South Africa contributes effectively to the continued marginalisation of black women. As such, my position attempts to engage with the critical feminist approaches in order to address the prejudices that traditional feminist approaches impose on black women. The focal theoretical point of departure for this interrogation is critical race feminism.2 Critical race feminism proposes a progressive initiative for addressing the inconsistencies embodied within the traditional feminist approaches and is thus suitable for the South African post-apartheid context as it may trigger ‘transformative possibilities’.3 It is my contention that in order to address the marginalisation of black women, the traditional feminist approaches (such as the dominant feminist approaches) must be done away with for they are a hindrance to legal reform, as they prejudice the very structure they claim to protect.


2008 ◽  
Vol 52 (3) ◽  
pp. 35-52
Author(s):  
Magdalena Saryusz-Wolska

The main purpose of the article is to analyse the language and argumentation used by Polish politicians in debates on equality and gender equality rights. The material analysed in the article includes shorthand records gathered in the internet archives of the Sejm and the Senate during legislative works on the bill on the equal status of men and women. The conclusion, drawn after the analysis, supports the initial theses of the authors (Marek Czyżewski, Sergiusz Kowalski, Andrzej Piotrowski), who claimed that the basic “mode of public discourse” in Poland is the so-called “ritual chaos”, which manifests a lack of will of agreement and ostentatious self-presentation. During the debate the MPs defined the key words such as “equality” and “parity” in various manner, they marginalised the problem of discrimination of sexes and showed a lack of professionalism in their presentations. It was surprising to see one of the strongest voices against the bill presented by the representative of the “Platforma Obywatelska”, which normally claims liberalism and equality. Meanwhile, the most rational and balanced views and arguments for equality of rights for women were presented by a representative of the “Samoobrona”.


2019 ◽  
pp. 209-242
Author(s):  
Henk Addink

In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.


2013 ◽  
Vol 15 (2) ◽  
pp. 158-174 ◽  
Author(s):  
Rob Clucas ◽  
Keith Sharpe

In this article we discuss the recent history of the failed draft Bishops and Priests (Consecration and Ordination of Women) Measure, situating this within the broader context of the ordination of women and debates around the Equality Act exceptions for an organised religion. We aim to provide an account of the ways in which equality rights have been implemented in the relevant law; how the Church of England is responding to these rights; and how broader society understands the importance of gender equality and reacts to Synod's rejection of the draft Measure. We analyse these with reference to theories of heteronormativity and scholarship of human rights. In doing so, we aim to explain what is happening in the Church of England and broader society, and draw some conclusions about the current opportunities open to the Church and the state in matters of rights and equality.1


PLoS ONE ◽  
2019 ◽  
Vol 14 (12) ◽  
pp. e0225694
Author(s):  
Catherine MacPhail ◽  
Nomhle Khoza ◽  
Sarah Treves-Kagan ◽  
Amanda Selin ◽  
Xavier Gómez-Olivé ◽  
...  

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