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Author : Christina Murray
Publisher : Unknown
Page : 272 pages
File Size : 52,6 Mb
Release : 1994
Category : Law
ISBN : UVA:X002651903
South Africa's constitution commits the country to democracy and the elimination of discrimination against women. This volume of essays explores the meaning and implications of gender equality in South Africa.
Author : Dawid Hercules Van Wyk
Publisher : Unknown
Page : 792 pages
File Size : 53,7 Mb
Release : 1996
Category : Law
ISBN : UVA:X004045295
This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.
Author : Elsje Bonthuys,Cathi Albertyn
Publisher : Juta and Company Ltd
Page : 500 pages
File Size : 55,5 Mb
Release : 2007
Category : Law
ISBN : 0702176648
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.
Author : Jane S. Jaquette,Sharon L. Wolchik
Publisher : JHU Press
Page : 268 pages
File Size : 53,7 Mb
Release : 1998-10-07
Category : Political Science
ISBN : 0801858380
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.
Author : Richard A., Shweder,Martha Minow,Hazel Rose Markus
Publisher : Russell Sage Foundation
Page : 504 pages
File Size : 40,5 Mb
Release : 2002-06-27
Category : Social Science
ISBN : 9781610445009
Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.
Author : Monique Deveaux
Publisher : OUP Oxford
Page : 276 pages
File Size : 53,6 Mb
Release : 2006-11-30
Category : Political Science
ISBN : 9780191537288
Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.
Author : Penny Smith
Publisher : Routledge
Page : 359 pages
File Size : 40,9 Mb
Release : 2019-01-15
Category : Social Science
ISBN : 9780429831928
First published in 1999, this edited collection of essays explores various perspectives on making rights work in South Africa, Canada, the USA and the UK, along with pieces on gender, political, LGBT and British legal rights. The volume was inspired by recent strides forward at the time, including the South African Constitution adopted on the 8th of May 1996, and sought to provide a snapshot of rights debates at the time.
Author : T. Davenport,C. Saunders
Publisher : Springer
Page : 807 pages
File Size : 43,8 Mb
Release : 2000-03-08
Category : History
ISBN : 9780230287549
A survey of the whole of South African history from pre-colonial times to 1999, suitable for serious students of the subject. It handles all major topics, with special focus on the dramatic changes that have occured since 1990.
Author : David L. Eng,David Kazanjian,Judith Butler
Publisher : Univ of California Press
Page : 499 pages
File Size : 46,8 Mb
Release : 2003
Category : Literary Criticism
ISBN : 9780520232358
"If catastrophe is not representable according to the narrative explanations which would ‘make sense’ of history, then making sense of ourselves and charting the future are not impossible. But we are, as it were, marked for life, and that mark is insuperable, irrecoverable. It becomes the condition by which life is risked, by which the question of whether one can move, and with whom, and in what way is framed and incited by the irreversibility of loss itself."—Judith Butler, from the Afterword "Loss is a wonderful volume: powerful and important, deeply moving and intellectually challenging at the same time, ethical and not moralistic. It is one of those rare collections that work as a multifaceted whole to map new areas for inquiry and pose new questions. I found myself educated and provoked by the experience of participating in an ongoing dialogue."—Amy Kaplan, author of The Anarchy of Empire in the Making of U.S. Culture
Author : Satang Nabaneh
Publisher : Pretoria University Law Press
Page : 204 pages
File Size : 52,9 Mb
Release : 2023-11-08
Category : Law
ISBN : 8210379456XXX
Choice and Conscience offers a fresh and insightful perspective on the highly debated issue of conscientious objection in abortion care. Satang Nabaneh’s socio-legal approach, which draws on both traditional legal scholarship and African feminist intellectual traditions, provides a nuanced understanding of how legal norms construct and maintain power relations. By focusing on the experiences of nurses in South Africa, Nabaneh explores the complexities of conscience, discretionary power, and socio-cultural and political factors that influence nurses’ decisions about whether or not to conscientiously object. In the wake of the recent rollback of abortion rights in the United States and the trend towards liberalisation within the African region, Nabaneh provides an important African perspective on how the international human rights framework should strike a contextual balance between freedom of conscience and ensuring access to abortion. Choice and Conscience will interest lawyers, activists, policymakers, scholars, and students exploring the dynamic intersections of law, healthcare, and gender politics. Choice and Conscience … stands as a significant and valuable addition to the ongoing global scholarship on this critical issue. It underscores the vital concept that intersectionality should occupy a central place in our examination of how various local contexts give rise to layered forms of privilege and disadvantage. Dr Tlaleng Mofokeng, UN Special Rapporteur on the right to health … Nabaneh’s study of “law in action” zeros in on South African nurses--gatekeepers who often object to the practice for reasons of “conscience.” Her interviews of these nurses and her analysis complicate our understanding of challenges to abortion access, providing lessons applicable not only to South Africa and other African countries, but everywhere where there is a gap between formal law and its application. Mindy Jane Roseman, JD, PhD, Yale Law School Written from an African feminist perspective, this book offers fresh insights into our understanding of the intersection between politics, mobilisation of discretionary power and the exercise of conscientious objection to abortion by mid-level providers. Charles Ngwena, Professor of Law, Centre for Human Rights, University of Pretoria This book offers powerful insights about how informal and background norms in health systems function constrain or enable reproductive justice. Focusing on conscientious objection to abortion by nurses (including midwives) in South Africa, Nabaneh sketches the importance of a feminist analysis that is situated in Africans’ lived realities. Alicia Ely Yamin, Harvard University
Author : Beverley Baines,Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 364 pages
File Size : 51,8 Mb
Release : 2005
Category : Law
ISBN : 052153027X
To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Author : Shireen Hassim
Publisher : Univ of Wisconsin Press
Page : 374 pages
File Size : 40,5 Mb
Release : 2006-06-26
Category : History
ISBN : 9780299213831
The transition to democracy in South Africa was one of the defining events in twentieth-century political history. The South African women’s movement is one of the most celebrated on the African continent. Shireen Hassim examines interactions between the two as she explores the gendered nature of liberation and regime change. Her work reveals how women’s political organizations both shaped and were shaped by the broader democratic movement. Alternately asserting their political independence and giving precedence to the democratic movement as a whole, women activists proved flexible and remarkably successful in influencing policy. At the same time, their feminism was profoundly shaped by the context of democratic and nationalist ideologies. In reading the last twenty-five years of South African history through a feminist framework, Hassim offers fresh insights into the interactions between civil society, political parties, and the state. Hassim boldly confronts sensitive issues such as the tensions between autonomy and political dependency in feminists’ engagement with the African National Congress (ANC) and other democratic movements, and black-white relations within women’s organizations. She offers a historically informed discussion of the challenges facing feminist activists during a time of nationalist struggle and democratization. Winner, Victoria Schuck Award for best book on women and politics, American Political Science Association “An exceptional study, based on extensive research. . . . Highly recommended.”—Choice “A rich history of women’s organizations in South African . . . . [Hassim] had observed at first hand, and often participated in, much of what she described. She had access to the informants and private archives that so enliven the narrative and enrich the analysis. She provides a finely balanced assessment.”—Gretchen Bauer, African Studies Review
Author : Kim Rubenstein,Katharine G. Young
Publisher : Cambridge University Press
Page : 629 pages
File Size : 42,5 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781107138575
Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.
Author : Amanda Gouws
Publisher : Rowman & Littlefield
Page : 346 pages
File Size : 41,9 Mb
Release : 2022-10-17
Category : Political Science
ISBN : 9781538160091
This book deals with feminist institutionalism through asking the key question: can gender equality be designed? It provides a critical analysis of the South African Commission for Gender Equality to assess its successes and failures over a more than 20-year period and provides insight into the design of structures of national gender machineries – how they are designed influences the outcomes for gender equality. The research in this collection sheds light on choices for institutional design of national gender machineries during democratic transitions, the co-optation of institutions, the silences and collusions of those selected to work in the institutions, and the resourcing of institutions and their impact on policy making for women's substantive equality. This book will have a broad appeal for scholars of feminist institutionalism.
Author : Amanda Gouws
Publisher : Routledge
Page : 296 pages
File Size : 41,6 Mb
Release : 2017-03-02
Category : Social Science
ISBN : 9781351963251
The study of citizenship in the context of South Africa implicitly challenges the rights-based democracy in South Africa, while literature regarding women and citizenship has greatly contributed to a new understanding of citizenship. Locally, many global processes are reproduced in the discourse of rights-claiming, issues of institutional representation, bodily integrity in the face of violence, and care in the face of a lack of care. This volume takes the debate of citizenship in South Africa in a more theoretical and empirical direction while engaging with knowledge produced elsewhere in the world. As part of the Gender in a Local/Global World series, it investigates the making of gendered citizenship, institutionalization of gender politics, the state of gendered policy making, local citizenship, rights, the women's movement, gendered violence, as well as citizenship and the body.
