Constitutional claims for gender equality in South Africa: a judicial response.
Albany Law Review › Vol. 67 Nbr. 2, December 2003
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Summary
Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets
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Extract
Constitutional claims for gender equality in South Africa: a judicial response.
I. BACKGROUND
In South Africa, the history of colonialism and apartheid rule has resulted in a significant overlap of race and poverty. Because poverty and inequality are so strongly gendered, the most disadvantaged and marginalized in our society are black women. (1) A substantial number of black women are further disadvantaged by their exposure to cultural and religious regimes that make the struggle for gender equality even more complex. Specifically, African customary law--which is essentially patriarchal in both character and form and has been interpreted in a way that allocates crucial benefits according to male primogeniture has had a particularly detrimental effect on the socio-economic power and well-being of rural women. (2) The effect of the HIV/AIDS pandemic on women is a reflection of the complexity created by the interface between poverty and inequality as it impacts women's daily lives. (3) Achieving effective gender equality is, therefore, the key to the eradication of disadvantages faced specifically by women. As soon as the political negotiation process for a new dispensation was o...See the full content of this document
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