The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal. Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him. However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes. The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law. / Public, Constitutional, and International Law / LLD (International and Constitutional Law)

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.

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. / Public, Constitutional, and International Law / LLM

This study focuses on marital rape in Ethiopia in the context of international human rights law. Marital rape refers to rape committed against women by their lawful husbands. Like rape that is committed by strangers, marital rape has a severe impact on the physical and psychological wellbeing of victims. Consequently, marital rape violates a range of human rights, such as the right to human dignity, right to bodily integrity, right to privacy, as well as the right not to be subjected to cruel, inhuman and degrading treatment. Marital rape is recognised as one of the forms of violence against women under international human rights instruments ratified by Ethiopia. In addition, the Constitution of Ethiopia recognises the right to equality between women and men during marriage, and prohibits the enactment of laws and policies that discriminate against women. Studies have shown that the prevalence of marital rape is high in Ethiopia. Despite this fact, the Current Criminal Code of Ethiopia does not regard marital rape as a criminal offence and as a result there is no punishment on the part of perpetrators of this offence. Consequently, this gives husbands the license to rape their wives without any consequence. Owing to various socio-cultural factors, victims of marital rape in Ethiopia do not report these incidents to the police. The fact that there are no remedies under the criminal justice system, also discourages victims from reporting such incidents. This study, argues that by virtue of adopting human rights instruments at both the UN and AU level which prohibits violence against women, Ethiopia is under obligation to criminalize marital rape. South Africa is one of the few countries in Africa that criminalises marital rape. According to the 1993 Prevention of Family Violence Act, stipulates a man can be found guilty of raping his wife. Later on, the Act was amended by the Family Violence Act of 1998, which gives protection to victims of domestic violence. Despite the criminalisation of marital rape in South Africa, studies indicate that marital rape is still prevalent in the country owing to numerous socio-economic and cultural factors. Hence, from the experience of South Africa it can be understood that criminalizing marital rape alone is not enough to tackle the problem. / Public, Constitutional, and International Law / LL. M.

This dissertation focuses in the phenomenon of partner violence in Mexico. It examines the causes of partner violence at multiple levels of analysis. At the micro level it examines characteristics of individual victims, the family and the relationship. At the macro level the focus is on the legal and social structures that define domestic violence and the State's response. Throughout the analysis, the State plays a central role as the set of institutional arrangements that define the rules of the game and that determine the possibilities for change and the potential roles and effectiveness of key players including the feminist movement. Throughout the analysis I examine the confluence of forces that influence the State's attempts to reduce individual women's risk of partner violence through its legislative, judicial and police powers in a historically defined situation characterized by pervasive structural patriarchy. A major objective is to asses the influence of the pervasive patriarchy in the system on individual women's risk of partner violence. The approach adopted in this dissertation is based on the assumption that patriarchy is a social system that permeates social institutions and that becomes internalized and part of the normative everyday reality that structures individual's interpretations and motivations. This research demonstrates that, on average, the structural gender inequality between Mexican men and women is high. This inequality is revealed through qualitative and quantitative analyses that demonstrate empirically the influence of the patriarchal system both on individual experiences of partner violence, and on the State's response. Adopting a feminist post-structuralist approach to the analysis of the State's role, the research reveals inconsistencies between the discourses and practices of the Mexican State regarding partner violence. By analyzing administrative family violence legislation, I determine whether the Mexican State has in fact made substantively meaningful attempts to challenge patriarchy and to end violence against women in the family realm. The family violence legislation has two often inherently contradictory purposes. On the one hand the objective is to protect the family as a core social institution. The second, which is often in conflict with the first objective, is to protect women from abuse by their partners. This dissertation demonstrates that these conflicting objectives and the embededness of patriarchy throughout the social help explain why certain branches of the Mexican State tend to strengthen patriarchy and reify women's subordinate position in the family. The way in which the State interprets and implements family violence legislation reveals the inability and/or unwillingness of the State to protect women's rights and highlights the patriarchal assumptions pervading the State's actions. Finally, this research looks at feminist and women's movements and NGOs to determine whether they have been effective in influencing the State to adopt measures to guarantee women a life free of violence. I looked not only for their influence on the legislative level, but also surveyed the role they continue to play in implementing antiviolence laws. / text

This exploratory study investigates how racialized immigrant women experience and respond to intimate partner abuse (IPA). The American and European models of intersectionality theory are used to highlight structural constraints and agentic responses as experienced and enacted by racialized immigrant women. Eight women described their experiences through semi-structured interviews, revealing an array of both defensive and pro-active types of strategies aimed at short- and long-term outcomes. Responses included aversion, negative reinforcement or coping strategies like prayer or self-coaching, and accordingly varied by the constraints under which the women lived as newcomers to Canada. Policy recommendations promote acknowledgement of women’s decision-making abilities and provide a model in which women can choose from a selection of options in how to respond, rather than strictly interventionist models. Study results can help to challenge stereotypes of abused women as passive victims, and empower the image of immigrant women as active knowers of their circumstances.

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.

This exploratory study investigates how racialized immigrant women experience and respond to intimate partner abuse (IPA). The American and European models of intersectionality theory are used to highlight structural constraints and agentic responses as experienced and enacted by racialized immigrant women. Eight women described their experiences through semi-structured interviews, revealing an array of both defensive and pro-active types of strategies aimed at short- and long-term outcomes. Responses included aversion, negative reinforcement or coping strategies like prayer or self-coaching, and accordingly varied by the constraints under which the women lived as newcomers to Canada. Policy recommendations promote acknowledgement of women’s decision-making abilities and provide a model in which women can choose from a selection of options in how to respond, rather than strictly interventionist models. Study results can help to challenge stereotypes of abused women as passive victims, and empower the image of immigrant women as active knowers of their circumstances.

No description available.

Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M.