Twentieth-century scholars have extensively studied how Rousseau's domestic discourse impacted the patriarchal ideology in the eighteenth and nineteenth centuries and contributed to women's exclusion from the public sphere. Joan Landes, Lynn Hunt, and many others, argued that the French Revolution excluded women from the public sphere and confined them to the domestic realm. Joan Landes also argued that the patriarchal discourse was a mere reflection of social reality. In The Other Enlightenment, Carla Hesse argues for the women's presence in the public sphere. One of the goals of this dissertation is to contribute to the debate by analyzing the content of the counter-discourse of selected women authors during the revolutionary era and examine how they challenged and subverted the patriarchal discourse. In the second chapter, I reconstruct the patriarchal discourse. I first examine the official (or legal) discourse in crucial works which remain absent from major modern sources: Jean Domat's Loix civiles dans leur order naturel and Louis de Héricourt's Loix eccleésiastiques de France dans leur order naturel. Then I look at how scientists like Monroe, Roussel, Lignac, Venel, and Robert used discoveries regarding woman's physiology to create a medical discourse that justifies woman's inferiority so as to confine them into the domestic/private sphere. I examine how intellectuals such as Rousseau, Diderot, Montesquieu, Coyer and Laclos, reinforced women's domesticity. In chapter 3, I examine women's participation in the early stage of the Revolution and the overt attempt by some women to claim their place in the public sphere and to challenge and subvert the oppressive patriarchal discourse through their writings. Chapter 4 focuses on Olympe de Gouges's theater and a specific example of subversion of the patriarchal discourse: I compare the father figure in Diderot's La Religieuse and de Gouges's play Le Couvent, ou les Voeux forcés. Finally chapter 5 examines women's involvement in the French Revolution after 1794 and Constance de Salm's attack on patriarchy.

Within the Surinamese jurisdiction the Constitution grants women the right to health and imposes a legal duty on the state to facilitate the realization of this right. Also treaty law, in particular, the ICESCR article 12 and the CEDAW article 12 grant women the right to the highest attainable standard of health and the right to non-discriminatory access to healthcare. But due to the criminal law applicable to abortion women lack non-discriminatory access to reproductive healthcare and therefore do not enjoy the highest attainable standard of pregnancy related health. Despite its decision not to enforce the abortion prohibiting criminal laws, Suriname remains in a state of failure to comply with its legal duties as imposed by the Constitution and treaty law. This, due to the state’s reluctance to repeal the criminal laws on abortion and its failure to enact effective health regulations to facilitate women in need of an abortion.

Within the Surinamese jurisdiction the Constitution grants women the right to health and imposes a legal duty on the state to facilitate the realization of this right. Also treaty law, in particular, the ICESCR article 12 and the CEDAW article 12 grant women the right to the highest attainable standard of health and the right to non-discriminatory access to healthcare. But due to the criminal law applicable to abortion women lack non-discriminatory access to reproductive healthcare and therefore do not enjoy the highest attainable standard of pregnancy related health. Despite its decision not to enforce the abortion prohibiting criminal laws, Suriname remains in a state of failure to comply with its legal duties as imposed by the Constitution and treaty law. This, due to the state’s reluctance to repeal the criminal laws on abortion and its failure to enact effective health regulations to facilitate women in need of an abortion.

In order to gain a better understanding of the position of women in the field of policing, it was necessary to study the attitudes of the policewomen, which presently exist with regard to the role of the woman in the South African Police Service. Although some studies have been done on policewomen world-wide, none have been done in the rural areas of the Vaalrand and this is where the research took place. Only women formed part of this survey. Detailed questions were asked concerning their role in policing. This was an empirical qualitative study. The research procedures as stipulated for a descriptive study were followed, as the main objective of the research was to describe the circumstances of women in the predominantly male environment of policing. A survey interview was drawn up, containing semi-structured in-depth questions regarding their recruitment, motivation for joining and job-related satisfaction and other issues including discrimination and domination by men. Qualitative methods were applied not only for data collection but also for data analysis. The coding consisted of conceptualising the raw data. Open coding was used in this qualitative research. The researcher read through all the collected data and then assigned initial codes to condense the mass of data collected. The following main issues were found: that discrimination still exists in the SAPS, as well as resentment, a lack of recognition, misunderstanding and unfulfilled challenges which relate to conflict being experienced. These respondents have aspirations in their work and aspire to better positions in the SAPS, as there have been major contributions by women in the police. They have also had an impact on policing, as they have become major role players in the field where victims are concerned. The presence of policewomen in the SAPS is an important asset to modern law enforcement and their present day role in policing should be explored and expanded. Qualified women could also be utilised in important staff service units such as planning and research, training, intelligence, inspection, public information, community relations, and as legal advisors instead of being utilised only in administrative work. Recommendations are made for further research on aspects highlighted by the findings. / Criminology and Security Science / D.Litt. et Phil.(Criminology)

Global consensus on the importance of gender equity in education is perhaps one of the greatest agreements reached in the twentieth century. However, for countries in the sub Saharan African region where disparities of gender are wide and primary education takes priority, secondary education continues to remain in the periphery. As countries make progress towards the attainment of Universal Primary Education (UPE), the concerns for gender equity and equality have become associated with school access and pupil retention. Yet, patterns and trends in school enrollment suggest that disparities of gender are more complex. As lessons are learned from the achievements and challenges of attaining UPE, it is increasingly apparent that gender disparities within education occur in, within and beyond access to schooling. In other words, the challenge of making education gender equal goes beyond school access and school enrollment. Kenya is a signatory to the 1990 Jomtein Declaration on Education For All (EFA). It is also among the few countries in the sub Saharan Africa region with a significantly reduced gender gap in primary and secondary education. This is in tandem with the third of the eight Millennium Development Goals whose aims bear a broad social and economic development agenda. While education equity is important in Kenya and tremendous progress has been made in primary education, beyond the attainment of Universal Primary Education (UPE) there is an even more significant target; gender equity in education both in primary and secondary education by 2015. The attainment of this target requires more than access to schooling and for this reason it poses great challenges to governments and schools. In light of the progress made in Kenya and the need for more equitable education beyond primary education, this study conceives a need for an incisive examination of education equity priority areas in Kenya. The study argues on the need for a shift of concern and debate from primary education to secondary education because the gains of UPE only become meaningful when education equity is secured in secondary education. The study underscores that beyond school access and retention, education output and outcomes need to become prominent variables because they gauge trends and patterns and the quality of gains made where education is claimed to be both accessible and equitable. Using case study method, the study makes a critical interpretation of the schooling experiences, educational choices, preferences and aspirations of girls taking secondary education in single-sex schools in Murang’a district, Kenya. The study shows that girls schooling experiences are not homogenous and that there are contradictions in the ways that girls experience their schooling and make educational choices. It also shows that girls do not necessarily stand good chances with their education simply because they are enrolled in single-sex schools. The study reveals individual subjectivities and schooling culture to be at the centre of the differences between schools and the schooling experiences that girls have. The two have impact on how girls perceive themselves and their abilities, the preferences they nurture and the educational choices they make. The study draws attention to nuances in access and equity within girls’ education. It draws out issues and nuances linked to gender access, equity and equality with respect to school, teacher and subject access. Though the study is not generaliseable, it shows that in contexts where female access and survival is secured, there is need for attention to be paid to the environments that nurture educational choices and preferences so that the high rates in school access become translated into equally high educational output and outcomes.

In this minithesis I conduct a critical discourse analysis to take on a double-pronged task. On the one hand I explore the social phenomenon of the contestation between supporters of then-ANC deputy president Jacob Zuma and supporters of his rape accuser. The trial, which took place in the Johannesburg High Court between mid-February and early May 2006, stirred intense public interest, both locally and internationally. The performance of thousands of Zuma’s supporters and a far smaller number of gender rights lobby groups, both of whom kept a presence outside the court building throughout the trial, received similar attention. Second, I examine how the Sowetan, a national daily tabloid with a black, middle-class readership, mediated the trial through pictures of the theatre outside the court and letters to the editor. The study is informed by post-Marxist and cultural studies perspectives, both approaches that are concerned with issues of power, ideology and the circulation of meaning within specific sociocultural contexts. A rudimentary thematic content analysis draws out some of the main themes from the material, while the critical discourse analysis is located within a theoretical framework based on concepts from Laclau & Mouffe’s theory of meaning, which assumes a power struggle between contesting positions seeking to invalidate one another and to either challenge or support existing hegemonies. This is further informed by, first, Laclau’s theorisation of populism, which assumes that diverse groupings can unite under a demagogue’s banner in shared antagonism towards existing power, and second, by concepts from Mamdani’s theorisation of power and resistance in colonial and post-colonial Africa, which explicates three overarching ideological discourses of human rights, social justice and traditional ethnic practices. The study, then, explores how these three discourses were operationalised by the localised contestations over the trial.

Eritrean refugees are compelled to flee their country mainly to avoid forced conscription into indefinite military service, arbitrary arrest and detention for prolonged periods without trial. The majority of Eritrean refugees are young people, who leave their country in search of a better life and sources of livelihoods. The mass migration of Eritrean refugees has started to have adverse effects on the country’s socio-economic landscape. The main destination and country of refuge for the majority of Eritrean refugees is Ethiopia. Although no serious violations of human rights have been reported among Eritrean refugees living in Ethiopia, it a well-known fact that the Ethiopian Government has not fully extended the internationally accepted rights of those who have been forced to flee their own states, to refugees. For example, freedom of movement for refugees is restricted, which is obviously compounded by the encampment policy, which requires that all refugees should be confined to designated refugee camps. This situation seriously undermines the UNHCR’s efforts to enhance refugees’ self-reliance, independence, and chances of local integration. There has not been much research undertaken regarding the Ethiopian Government’s legal framework on refugees and its impact on the protection of the rights of refugees. In 2014, Ethiopia hosted the largest number of refugees in Africa. This phenomenon was largely attributed to the Ethiopian Government’s ‘open door’ policy towards refugees. The present study is an attempt to critically examine Ethiopian refugee law and determine the extent to which the national laws protect the rights of refugees. Although the study is limited in scope to the situation of Eritrean refugees, the principles and standards of treatment discussed apply to all refugees living in Ethiopia. / Public, Constitutional and International Law / LL. M.

The main objectives of the study are to determine the extent of control women have over sexual matters in Swazi traditional marriages; to identify the factors influencing the extent of control women have over sexual matters in traditional marriages; and to analyse the consequences of women’s lack of control over sexual matters on the women themselves, their families and their communities with regard to development. Reviewed literature and identified themes were verified in the field through focused group discussions and key informant interviews. The study revealed that women in traditional marriages do not have control over their sexuality because of the obligations and cultural practices inherent in the marriage restricting women’s involvement in decision making in sexual matters. This position undermines the social and economic development of women, families and communities. It is therefore recommended that cultural practices be amended to improve the status of women in decision making. / Development Studies / M.A. (Social Sciences)

This thesis is a critical review of educated women’s leadership in their emancipation in Ethiopia. Did they provide leadership and to what extent? It is to be noted that educated women’s leadership has been of great importance to women’s emancipation worldwide. Strong leadership was also the driving force behind women’s movements and feminism everywhere. However, the role of educated women in Ethiopia is hard to discern and their leadership efforts are largely invisible. On the other hand, many among the educated also lack the passion and desire to commit themselves in the fight for women’s emancipation. In this thesis I researched the settings and frameworks of women’s leadership and discussed the factors that function as limitations and/or opportunities. Overall there were more limitations than opportunities. These limitations are often historically rooted in the country’s religious, cultural, economic, political and traditional systems. And, as much as history and religion can be a source of strength and pride for many, they can also be a serious obstacle. The political regime of the Derg also scarred an entire population to the extent that despite the currently proclaimed ‘freedom’ of the EPRDF ruling party, women remain reluctant to step forward and claim their rights. The ruling party appears to appropriate women’s emancipation as a “private” interest and to use it for political gain, in the same manner as the Derg regime had done before it. Nowhere is there any sign of genuine freedom and equality for women in practice. Rhetoric reigns supreme through laws and policy documents, but they are not matched by genuine actions and concrete strategies. The traditional religious base of society is also making it more difficult to challenge autocratic tendencies of the ruling elite. The effect is that civil society is slowly being pushed to extinction, leaving the ruling party in charge as the main actor in all public services. This has serious consequences for the genuine emancipation of women in the country. The thesis finds that women’s leadership is not a luxury or personal demand, but a crucial step for the development of the country at large. It is encouraging to note that there are different sections of active women in the country waiting for strong leadership, leadership that can unite them into a movement and guide them on their unique emancipation paths. After all, it is only women themselves who, with their existing epistemic advantage, can transform their situation and change their status. / Sociology / D.Litt. et Phil. (Sociology)

Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M.