By Stefanie Röhrs, Dee Smythe, Annie Hsieh, Monica de Souza
Just over 50 years in the past, a number of African nations drew up new constitutions that incorporated additions equivalent to the Protocol at the Rights of ladies. a long time later, has constitutional reform introduced gender equality to girls in Africa? And what does gender equality suggest within the daily lives of ladies at the continent? The participants to this quantity supply insights into women’s rights in seven African nations: Cote d'Ivoire, Malawi, Namibia, Nigeria, Rwanda, South Africa, and Uganda. every one seems on the reasons, context, and effects of the fight to uphold women’s rights. Their case experiences illustrate property-grabbing in Malawi, women’s citizenship in Nigeria, and the increase of hate crimes and sexual violence opposed to black lesbians in South Africa, between different matters.
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Extra resources for In Search of Equality: Women, Law and Society in Africa
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Law and Politics at the Perimeter: Re-evaluating Key Debates in Feminist Theory. Oxford: Hart Publishing. National Statistical Office & UNICEF. (2008). Malawi Multiple Indicator Cluster Survey 2006, Final Report. Lilongwe: National Statistical Office and UNICEF. Palmer, S. (2002). ’Feminism and the promise of human rights: Possibilities and paradoxes’ in S. James & S. Palmer (eds). Visible Women: Essays on Feminist Legal Theory. Oxford: Hart Publishing. Registre, J. (2011). ‘Women in Rwanda: Beyond their high representation in government’, Notes From the Field, 24 June.
Human Development Department (OSHD). Amien, W. (2013). ‘Reflections on the recognition of African customary marriages in South Africa: Seeking insights for the recognition of Muslim marriages’ in A. Claassens & D. Smythe (eds). Acta Juridica: Marriage, Land and Custom. Cape Town: Juta. Bennett, T. (2004). Customary Law in South Africa. Cape Town: Juta. Claassens, A. & Mnisi, S. (2009). ‘Rural women re-defining land rights in the context of living customary law’, South African Journal on Human Rights 25: 491.
In her chapter, she shows how strategic litigation has been successfully used in Nigeria to overturn two convictions for adultery based on religious law and a judgment on women’s inability to inherit under customary law. Litigation has also been used in Malawi, as described by Kondowe, to protect women from unfair dismissals and to ensure compensation for sexual harassment. Related to strategic litigation is the emergence of new venues in which to pursue women’s rights. Isaack explains in Chapter 6 how the Equality Courts in South Africa present ‘a unique opportunity for lawyers to litigate equality cases without having to rely directly on … expensive constitutional litigation’.