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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 live...
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hear...
This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law. The term ‘intersectionality’ was coined by Kimberlé Williams Crenshaw in 1989. As a field, intersectionality has a longer history, of nearly two hundred years. Meanwhile, comparative antidiscrimination law as a field may be just over a few decades old. Thus, intersectionality’s tryst with antidiscrimination law is a fairly recent one. Developed as a critique of antidiscrimination law, intersectionality has had a significant influence on it. Yet, intersectionality’s logic does not seem to have infiltrated the logic of antidiscrimination law completely. Comparative antidiscrimination law continues to develop with intersectionality in sight, but rarely, in step. On the occasion of the 30th anniversary of Crenshaw’s seminal article that coined the term in the context of antidiscrimination law, Shreya Atrey explores this irony. Her article provides a meta-narrative of the development of the two fields with the purpose of showing what appear to be orthogonal trajectories.
On 6 September 1966, inside the House of Assembly in Cape Town, Dimitri Tsafendas fatally stabbed Hendrik Verwoerd, South Africa’s Prime Minister and so-called “architect of apartheid.” Tsafendas was immediately arrested, and before the authorities had even questioned him, they declared him a madman without any political motive for the killing. In the Cape Supreme Court, Tsafendas was found unfit to stand trial on the grounds that he suffered from schizophrenia and that he had no political motive for killing Verwoerd. Tsafendas spent the next 28 years in prison, making him the longest-serving prisoner in South African history. For most of his incarceration, he was subjected to cruel and inhumane treatment by the prison authorities. This new updated edition contains all the developments regarding the Tsafendas case after the publication of the book's first edition.
This publication places into the public domain much of the content of the symposium 'A Delicate Balance: The place of the judiciary in a constitutional democracy' that the Wits Law School organized in November 2005 in honour of the former Chief Justice Arthur Chaskalson. The symposium was a time and a space for the rigorous (and vigorous) exchange of views on what can be seen as the most crucially significant enterprise of the South African nation over the past ten years resulting from the struggle against apartheid-the writing, the interpreting, and the living of a constitution with rights for all those who live in a democratic South Africa.
Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality...
Recent years have seen the retrenchment of Canadian social programs and the restructuring of the welfare state along neo-liberal lines. Social programs have been cut back, eliminated, or recast in exclusionary and punitive forms. Poverty: Rights, Social Citizenship, and Legal Activism responds to these changes by examining the ideas and practices of human rights, citizenship, legislation, and institution-building that are crucial to addressing poverty in this country. It challenges prevailing assumptions about the role of governments and the methods of accountability in the field of social and economic justice.
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.
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.