The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those rights ' as it is already the case for civil and political rights (CPR) ' will become quasi-justiciable at international level. Once the Optional Protocol will enter into force, individuals and groups victims of violations of any right contained in the International Covenant on Economic, Social and Cultural Rights (the 'Covenant' or the 'ICESCR') will have the possibility to submit communications to the United Nations Committee on Economic, Social and Cultural Rights (the 'Committee' or the 'CESCR'), as long as the state concerned is party to the OP-ICESCR.

Includes bibliographical references.

Includes abstract. / Includes bibliographical references. / A patriarchal reading of the Qur'ānic verse 4:34 implies the subordination of wives to their husband within their families. The fundamental duty of the husband to support his wife materially has led to the entrenched notion of male protection of women. In exchange for such protection, the wife has the reciprocal duty of obedience to her husband, which may lead to the restriction of her right to work, amongst other rights. In contemporary societies where women are increasingly participating in the maintenance of the family, different interpretations of the verse are now becoming more influential than the patriarchal view. Allowing women access to equal opportunities on the labour market and to receive equal remuneration will not only contribute to the overall improvement of society but could also lead to the effective implementation of gender equality as required by international legal standards and religious doctrines.

Includes bibliographical references.

This dissertation examines the plight of children in street situations in Tanzania. It also examines the obligations the State owes to children in street situations, what it has done to fulfil those obligations. It analyses the effectiveness and impact of the steps and actions undertaken to fulfil the obligations towards children in street situations.

Submitted in partial fulfillment for the requirements of the degree of Master of Arts in the Department of IsiZulu namaGugu in the Faculty of Arts at the University of Zululand, 2009. / Ekugunyazweni ngokusemthethweni kwamalungelo abantu, uyabonakala umonakalo odalwa ukusetshenziswa kabi kwamalungelo. Ucwaningo lugxile kulowo monakalo obonakalayo nokuthi yini engenziwa ukwenza ngcono ukusetshenziswa kwamalungelo angezukuhlukumeza omunye umuntu, kodwa avikele wonke umuntu njengesakhamuzi nesidalwa esingumuntu esimele ukuphila impilo ecocekile. Isahluko sokuqala kuhlahlwe indlela yocwaningo, kuvezwa inhloso enkulu yalolu cwaningo kanye nentshisekelo okuwukuqwashisa isizwe ngenhlekelele engavezwa ukusebenzisa kabi amalungelo. Umklamo uqoqile lokho okuzodingidwa ngamalungelo. Ucwaningo luvezile ukuthi obani okumele bahlomule. Imibono yongoti ilunothisile ucwaningo. Isahluko sesibili siveza amalungelo aphathelene nezakhamuzi kanye nezombusazwe, kwagxilwa kulawo malungelo okubonakala kuwo umonakalo. Ucwaningo luvezile izindlela ezehlukene ezehlisa isithunzi somuntu ngokusebenzisa kabi amalungelo, ukungabekezelelani emikhakheni enhlobonhlobo yempilo okuletha ukudideka okukhulu ngamalungelo. Isahluko sesithathu sidingida amalungelo aphathelene nenhlalakahle kanye nezomnotho. Ucwaningo luvezile ukuthi yiziphi izinto ezikhinyabeza inhlalakahle yabantu nokuthi isimo sezomnotho sinamuphi umthelela kuyinhlalakahle yabantu. Ucwaningo lucacise ngokusobala ukuthi nakuba abantu yenziwa imizamo yokulwa nobubha, basayenza inkohlakalo ebabeka engcindezini yokuhlupheka. Isahluko sesine kucutshungulwe amalungelo aphathelene nemvelo, ukuzithuthukisa kanye nelungelo eliphathelene nesiko. Ucwaningo lugxilile kumonakalo owenziwa kuyimvelo, ziveziwe izindlela zokuzithuthukisa. Umonakalo uveziwe yilolu cwaningo mayelana nesiko elibukeka kungeyona indlela yempilo ngoba kukhonzwe amasiko ezinye izizwe. Isahluko sesihlanu siqukethe isihlaziyo socwaningo, kuvezwa konke okuthiwe kuzolandelwa okukhombisa umonakalo. Ucwaningo lwenze iqoqa lawo wonke umonakalo ovele ezahlukweni ezehlukene. Ucwaningo lubuye lwadingida izincomo ezihambisana nawo wonke umonakalo ovezwe ezahlukweni ezehlukene. Ucwaningo belungahlabi ngqo ilungelo kodwa bekwenziwa izichibiyelo zokulungisa lokho okubonakala kuwumonakalo ngenxa yokusebenzisa ilungelo kabi. Esiphethweni salolu cwaningo zinconyiwe izinhlelo ezinegalelo ekususeni inkungu yokungazi ngamalungelo ukuthi kumele asetshenziswe kanjani.

South Africa is a pluralistic society whose supreme constitution protects the right to culture and other fundamental human rights, such as the right to equality and human dignity. South Africa is also party to a number of international and regional human rights instruments which aim to protect women and children from discrimination and harmful practices. It is important to consider these instruments as they create the normative standards to which South Africa is bound. Today, the continued practice of certain cultural practices, which are seen as inherently cultural, risk the violation of the Constitution and international and regional instruments. This thesis examines the tension between the right to culture and, inter alia, the right to dignity and equality, through the practice of ukuthwala. Ukuthwala, also known as bridal abduction, is mainly prevalent in the Eastern Cape and Kwazulu Natal provinces of South Africa, though it is also practiced in other provinces of the country. It aims to address the question: how can south Africa regulate ukuthwala? In coming to an answer, this thesis examines how Malawi has regulated the harmful cultural practice (HCP) of child marriage. Like South Africa, Malawi is a pluralistic society with a supreme constitution which protects, inter alia, the right to participate in the cultural life and the right to human dignity and personal freedoms. In line with its international and regional human rights obligations, Malawi has promulgated legislation to formally regulate HCPs. However, such “top-down” interventions are not always the best approach in African societies, as they are often theoretically beneficial to those they aim to help, but practically do not help. As such, there is a need for a “bottom-up” approach, one that involves the community, in creating solutions that regulate the HCPs affecting them. In this regard, various communities in Malawian districts have employed community “by-laws”, which are community made rules and sanctions that are not legally binding, to combat HCPs. The thesis argues that such by-laws, though non-binding, are effective because they provide a community owned and oriented solution, which inspires adherence. As such, they have contributed to reducing the prevalence of child marriage in the country. It argues that such a “bottom-up” approach is best suited to address HCPs in rural communities, as it is a home-grown solution. This thesis proposes an adapted form of community “by-laws” be employed in the context of ukuthwala, as it counters the alienation sometimes caused by the “top-down” approach. In including the community in creating a solution, they are involved in creating solutions which address the problems specific to them, and they are given ownership of the solution.

As the feminist movement in Africa continues to question and dismantle long-held religious and cultural beliefs and practices, this has influenced critical debates on the validity of their co-existence with human rights norms and standards on violence against women and discrimination. This dissertation aims to critically interrogate the relationship between culture, violence against women (VAW), and women's rights in Africa. Specifically, it delves into the cultural practice of bride price (also known as Lobola) to understand whether the practice is a cause and/or consequence of VAW in family relations. This dissertation hypothesises that Lobola is both a cause and consequence of VAW and should be explicitly identified as a form of VAW, a human rights violation. This dissertation adopts a theoretical analysis using Heise's Integrated Ecological Framework (Heise's framework) on VAW, which provides a valuable tool to analyse and deconstruct the systemic causes and influences of VAW. Heise's framework is adopted to analyse how certain cultural practices at the macro systemic level may relate to and influence VAW practices. To conduct this analysis using Heise's framework, this dissertation uses available literature on previously conducted focus group discussions on experiences, opinions and perceptions of Lobola by both young people and adults. The theoretical analysis highlights a positive correlation between Lobola and the violence women face in marriage and upon divorce. However, the research also establishes that the practice of Lobola itself does not present as a form of violence against women - but because of the perceptions, beliefs, and power systems it creates, the practice becomes an aggravator of VAW. The results from the analysis show that Lobola creates rigid gender roles, skewed beliefs of entitlement and ownership of women's lives and bodies, and asymmetrical power relations that influence VAW. Since the theoretical analysis proved that Lobola aggravates the violence women face in marriage and upon divorce, the dissertation also carries out a legal analysis to understand the position of harmful practices and the legal consequences using international human rights norms and standards on women's rights and VAW. In line with fulfilling its mandate, the United Nations Committee on the Elimination of all Forms of Discrimination against Women (CEDAW Committee), after receiving four state periodic reports from Kenya, Zambia, Zimbabwe and Uganda between 2010 and 2012, in its concluding observations expressed MBWPRE001-Pretty Mubaiwa concern over the persistence of harmful traditional and cultural practices that affect women. In each instance, the Committee reiterated that Lobola is a harmful practice that aggravates discrimination against women. These concluding observations ushered in an expanded narrative on harmful traditional and cultural practices that disproportionately affect women and thus promote gender-based discrimination. Using these four case studies, this dissertation, therefore, looks at these countries' customary and civil laws to understand the legislative landscape around traditional and cultural practices. The findings include that in all four states, Lobola is required to recognise and register a customary marriage. This means that legally, Lobola is recognised as a legitimate requirement for a marriage to be recognised and registered. Additionally, an appraisal of the standard-setting frameworks protecting the right of women to be free from violence and discrimination shows that, even though there are legally binding standards and mechanisms at the regional and international levels that are mandated to protect these rights, there are normative gaps that continue to impact the protection of women from violence negatively. The CEDAW Committee has called Lobola a harmful practice. However, as the principal women's rights body within the UN system, the Committee has failed to take further steps towards standard-setting or follow-up with states to continue encouraging the elimination of this practice. This gap limits the scope for women to pursue justice when they experience multiple and intersecting forms of violence in general. This dissertation thus concludes that Lobola should be specifically recognised as a form of VAW within the realm of harmful traditional practice. It is inconsistent with the current international standards on equality, non-discrimination, and violence against women.

Thesis (LLD)--University of Pretoria, 2009. / Includes bibliographical references.

Thesis (Ph.D.)--University of Victoria, 1999. / Title from title screen (viewed on November 18, 2005).