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Comparing and contrasting liberal, communitarian and feminist approaches to resolving tensions between customary and constitutional law: the case of polygamy in SwazilandManson, Katherine Elizabeth January 2009 (has links)
Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.
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The jazz divas an analysis of the musical careers of six New Brighton vocalists / The jazz divas : a critical analysis of the life histories and careers and musical careers of six female jazz vocalists in New Brighton, Port Elizabeth from the 1950's to presentButete, Netsayi January 2012 (has links)
There has been insufficient academic research on the music of the Eastern Cape in general and Port Elizabeth and New Brighton in particular. This study, as part of the International Library of African Music (ILAM)lRed Location Museum Music History Project (ILAMIRLMHP) - an oral history intervention to save the music history of New Brighton from extinction through research and documentation of the memories of veteran musicians - is focused on jazz vocalists. The primary objective of my study is to investigate, critically analyze, interpret and document the career experiences of six New Brighton jazz vocalists in the context of performing in the Port Elizabeth music industry during the apartheid and the post-apartheid eras. The secondary objectives are to stimulate research interests in music students and ethnomusicologists to pursue research on the music of Port Elizabeth and the Eastern Cape and to inspire and motivate the vocalists to continue making music with renewed zeal. A qualitative research paradigm informed the field research necessary for this study. The fieldwork paved the way for an eclectic framework of analysis grounded in Pierre Bourdieu's notions of habitus, field and capital, examining the impact of the context on the vocalists' habitus which influenced how they viewed and interpreted their past and current experiences in the performance field. Data obtained through extensive interviewing of New Brighton's contemporary female vocalists and their male counterparts revealed that they have no opportunity to make commercial recordings. The musicians have to migrate to Johannesburg to have successful music careers, although personality politics, greed and lack of professionalism also work against the musicians' success. The data shows that New Brighton musicians, both male and female, do not have enough performance opportunities and there are fewer chances to tour now than there were from the 1960s through the 1980s. As in the apartheid era, female vocalists are still discriminated against in terms of pay, and men discriminate in how they pay other male musicians. Analysis of the vocalists' jazz compositions revealed that their song lyrics depict a bona fide urban African culture and reflect the emotional needs of the society in which they live.
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Fast track land reform programme and women in Goromonzi district, ZimbabweChakona, Loveness January 2012 (has links)
From the year 2000, land became the key signifier for tackling the unfinished business of the decolonisation process in Zimbabwe, notably by rectifying the racially-based land injustices of the past through land redistribution. This took the form of the Fast Track Land Reform Programme (FTLRP). However, the racialised character and focus of the FTLRP tended to mask or at least downplay important gender dimensions to land in Zimbabwe. Colonial and post-colonial Zimbabwe (up to 2000) had instigated, propagated and reproduced land ownership, control and access along a distinctively patriarchal basis which left women either totally excluded or incorporated in an oppressive manner. This patriarchal structuring of the land question was rooted in institutions, practices and discourses. Although a burgeoning number of studies have been undertaken on the FTLRP, few have had a distinctively gender focus in seeking to identify, examine and assess the effect of the programme on patriarchal relations and the socio-economic livelihoods of rural women. This thesis makes a contribution to filling this lacuna by offering an empirically-rich study of land redistribution in one particular district in Zimbabwe, namely, Goromonzi District. This entails a focus on women on A1 resettlement farms in the district (and specifically women who came from nearby customary areas) and on women who continue to live in customary areas in the district. My thesis concludes that the FTLRP is seriously flawed in terms of addressing and tackling the patriarchal structures that underpin the Zimbabwean land question.
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A phenomenological investigation of a female leader's perceptions and experience of discrimination in the work placeMabovula, Nonceba January 2003 (has links)
Women are now making their mark in virtually every economic sector including traditionally male strongholds of engineering, heavy transport, construction and manufacturing. Probably the most spectacular progress by women has been in the public sector. Many women now have voting rights, follow careers which demand that they work outside of the home, enjoy professional status equal to their male compatriots, occupy top leadership positions in their societies and, furthermore, fulfil their traditional roles of wife and mother. The present study is an attempt to explore a female eader’s perceptions and experience of discrimination in her place of work. The problem has been that although there have been significant changes in women’s increased representation in recent years, it is believed that women who succeed in obtaining top management posts still have to deal with unfair barriers. These need to be more carefully explored and understood. In this study I focus on one female leader’s perceptions and experiences of leadership in an institution of higher learning. The advantages and disadvantages of such a small case study are discussed later. A phenomenological approach was used for obtaining information pertaining to the phenomenon “female leadership”, because phenomenology does offer ways of understanding not offered by other research methodologies. It enables the researcher to enter the lived world of the researched, and understand events and perceptions from a fresh point of view. A semi-structured interview was used to allow the respondent freedom to elaborate on responses in whatever manner she wished. The results obtained indicate that women are in a life-world in which, apart from the general experiences shared with their male counterparts, they are also exposed to many other forms of discrimination. Some of these are subtle, and result from years of socialisation into perceived gender role expectations. I hope that what I have discovered may help to contribute to the small but growing body of literature that seeks to understand women leaders’ experiences, and perhaps in time play a role in enhancing their relative position in education and society at large.
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A critical investigation of the relevance of theories of feminist jurisprudence to African women in South AfricaMangwiro, Heather K January 2005 (has links)
Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.
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An evaluation of gender equity in the Amathole District Council head office, East London 2006-2010Tsomo, Zixolele January 2012 (has links)
The purpose of this study was to investigate the promotion of gender equity in the Amathole District Municipality (ADM). This investigation originated against the phenomenon that women are continuously faced with barriers to progress in the workplace. In an endeavour to find a meaningful solution to the problem, it was necessary to assess the degree of transformational change in the workplace; to ascertain what these barriers are; and how they can be overcome. The study commenced with an overview of the stance of women in the Republic of South Africa, especially their struggle to find a platform from where their voice could be heard. In order to achieve the research objectives, an in-depth literature study was undertaken. A survey was also conducted to examine the perceptions of gender equity in the ADM. The required data was collected by means of face-to-face semi-structured interviews with female officials in senior managerial positions. The study concludes with a number of recommendations that emanate from the literature review and qualitative study.
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A study of the barriers to career progress of women in an organisationPillay, Sadeshini Shunmugan January 2005 (has links)
Due to the continual constant battle women have to face in order to progress in the workplace, it has become necessary to assess the degree of transformational change within the workplace within South Africa to try to establish just what these barriers are and how it can be overcome. To examine the main problem, three sub-problems were identified. The first sub-problem that had been identified dealt with what the women’s rights in the new South Africa. It was investigated by evaluating the situation in the New South Africa and what has changed from the past. Is there more gender equality or not. The second sub-problem looked at the barriers that women face in the workplace. It is evident that sexual harassment, male chauvinism, trying to balance work and family as well as organisational structure and culture were among the top barriers that are a hindrance to women’s advancement in the workplace. Finally, the third sub-problem investigated what the glass ceiling effect is and the effect that this has on women in the workplace. The investigation evaluated, and emphasised the difficulties that women face in order to progress in the hierarchy of not only management but other occupations as well. Results have shown that most females and males believe that the glass ceiling is prevalent in the workplace. Most people believe that women can however break through the glass ceiling but now there is a new phenomenon, “The Glass Cliff” which allows women to break through the glass ceiling but only of organisations that are already in trouble.
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La répression discriminatoire des infractions liées à la sexualité en droit pénal irakien / The discriminatory repression of sex-related crime in Iraqi criminal lawGaznai, Safaa Aldden 20 October 2011 (has links)
La sexualité et les infractions sexuelles restent parmi les questions les plus sensibles dans les sociétés en général et dans la société musulmane en particulier, notamment parce qu'ils touchent à la l'intimité profonde de la personne. Chez les peuples du Moyen-Orient, dont l'Irak, la question de l'honneur sexuel (‘ird) est une question de vie ou de mort liée étroitement à la tradition dominante.Au sein de la société irakienne, l'inégalité entre hommes et femmes est une évidence reflétée par plusieurs aspects de la vie courante, notamment dans la gestion de la sexualité, la tolérance que la société y accorde, et la polygamie, qui, toutes, semblent avantager l'homme aux dépens de la femme. Le traitement discriminatoire des libertés sexuelles masculine et féminine est renforcé et affirmé dans le droit irakien lui-même. L'importance de la discrimination sexuelle a des répercussions néfastes sur le statut et l'émancipation des femmes irakiennes, ainsi que sur l'évolution globale de la société. / This Ph.D. dissertation examines how Iraqi criminal law with regard to sex and sex-related crimes severely discriminates women in Iraq. It looks at this issue in light of ancestral traditions of prejudice and violence against women that are deeply rooted in Iraqi society. Honor is an extremely important notion in the mentalities of Iraqi people. Women are supposed to maintain chastity and sexual purity in order to be considered "honorable". Anything that compromises their chastity, including crimes of which they are victims such as rape, destroys their honor and along with it, that of their entire family. Many women in this situation find themselves killed, injured, or forced to marry their attacker in order to allow their families to recover their honor. This study shows how Iraqi legislation, case law and legal doctrine all contribute to encourage and perpetuate this problem, and suggests some possible solutions.
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The portrayal of women in history textbooksMills, Christine Elizabeth 01 January 1994 (has links)
No description available.
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Millennium development goals ( MDGs ) and women - the implementation of article 10 ( 3 ) of the protocol on the rights of women in South AfricaNtanjana, Akho 31 October 2011 (has links)
Few would deny that the Republic of South Africa (South Africa) has achieved a lot in its quest to improve the pressing social challenges (such as poverty; illiteracy; HIV/AIDS; crime prevalence; preventable diseases, and high levels unemployment). It must be firmly said that these social ills generally affect everyone – particularly the historically marginalised group in South Africa. However, there are also few who would deny that South African women (including the girl-child), as it is the case elsewhere in Africa suffer disproportionately that their male counterparts. Some have supported the view that gender discrimination is the main source of women’s disempowerment today. For instance, society has accepted consciously or otherwise that women are inferior to men and as such cannot take part both in public and private spheres of life. It is nevertheless not the object of this study to delve into to the complex and often misunderstood causes of women’s marginalisation in South Africa. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM
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