Magister Legum - LLM / The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa / South Africa

A reoccurring argument in previous research is that autocracies implement policy changes for women’s rights in order to gain international legitimacy. The idea is that by showing the international community that they are on-board with the global movement to empower women; focus is diverted they from their shortcomings in other democratic aspects. What is left out of the discussion though, is how such legitimization take shape. With help of qualitative content analysis, this thesis aims to investigate whether Nicaragua, an increasingly autocratic state which has implemented policy changes to improve women’s rights and gender equality, has gained international legitimacy in the reports of two different watch dog organizations, Amnesty International and Freedom House, and simultaneously received less criticism for their flaws as a state. The results of the analysis are not straightforward but provides two key findings that suggests that the theory cannot be completely dismissed. The first one is that, by comparing the reports by Freedom House, less criticism is detected simultaneously as the two policy changes are referred to more often in year 2012 compared to year 2011 which supports the theory. The second finding is that the amendments of Comprehensive Violence against Women Law in 2013 is referred to rather differently between Amnesty International and Freedom House, which brings more complexity to this issue. Thus, future research on the subject with similar methodology should analyze data from more than two organizations in order to understand if any view is more common than the other.

"Human rights instruments have come a long way in the protection of women generally. This is evident in the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and more specifically, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). At the regional level, the African Charter on Human and Peoples' Rights (the African Charter) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (The Women's Protocol to the African Charter), have made commendable strides in protecting the rights of women in Africa. In all of these instruments, however, not much attention is devoted to certain specific categories of women. This generalization of the law has created a situation in which certain groups of women, such as widows, are not adequately protected from abuse. This unfortunate observation is further buttressed by the fact that issues concerning widows are rarely on the agenda of most international conferences. Interestingly, domestic legislation in many African countries, such as Uganda, have drawn inspiration from international human rigths instruments in protecting the rights of women. In many instances even widows seem adequately protected by national legislation. Ironically, the situation on the ground in most African countries will reveal that notwithstanding all these developments, the rights of widows are actually being violated with impunity. This is attributable to the fact that most African countries have multiple legal systems where there is an interplay of national statutory law, common law and customary law. The customary law recognizes traditional and cultural practices, which discriminate against women, and which in the final analysis negates all attempts by international, regional and national legislation that are geared towards the protection of the rights of women. This is evident from such practices as the customary inheritance practices and rites which widows are subjected to across the entire continent. This situation is further aggravated by the fact that most widows who bear the brunt of these discriminatory practices are those found in rural societies, where illiteracy is high and ignorance of law (particularly written law) is rife. Uganda, like most African states, has an impressive number of legislation that seeks to protect widows. However, empirical evidence as to what actually happens in reality proves that these laws are but mere words on paper that have no practical effect. The problem that this paper seeks to address is whether international, regional and indeed Ugandan domestic law have proven adequate in protecting widows in Uganda against derogatory, dehumanizing and discriminatory customary widowhood practices or rites." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"This study is predicated on a strong belief that the gender make-up of African parliamnets must relfect the gender demographics of African states. It is only when that is achieved that the concepts of equality, non-discrimination and democracy can gain their true meaning. As a departure point, the study makes a case that statistically women are under-represented across the overwhelming majority of African parliaments. The study asserts that the under-representation is prevalent amid the existence of international, regional and domestic instruments, all providing for women's right to representation in decision-making processes. Thus, the study demonstrates that there is a gap between de jure and de facto representation. The study then argues that the convoluted ideology of patriarchy, sacrosanct cultures, inviolable religions, the constructed public/private dichotomy, low levels of education, and the negative impact of globalisation all act in concert to deny African women their rightful place in decision-making institutions, particluarly parliaments. In a bid to investigate how this can be reserved, the study explores the Rwandan and South African models for purposes of gaining insights on how they have contrived to reach and surpass the critical mass of women in their parliaments. These two models demonstrate that a combination of temporary special measures and gender mainstreaming are effective tools for emancipating women and ensuring their representation in parliaments. These have to be buttressed by strong legal and institutioanl frameworks, which operate in a conducive socio-political environment." -- Abstract. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Ben Twinomugisha at the Human Rights and Peace Centre (HURIPEC), Makerere University, Faculty of Law, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The purpose of this thesis is to examine the origins of the first women's rights convention held at Seneca Falls, NY during the summer of 1848. Taxation without representation was one of the foundations that the Continental Congress used as a basis for Independence from England. But when the revolution ended and the Republic was formed, the United States adopted many English laws and traditions regarding the status of women. Women, who were citizens or could be naturalized, were left civically invisible by the code of laws (coverture) once they married. They were not able to own property, form contracts, sue or be sued. In essence, they were "covered" by their husbands under coverture. Single women who owned property or inherited property were subject to taxation, though they had no voice in the elective franchise. Therefore, women, both married and single, who were counted for legislative purposes, were given no voice in choosing their government representatives. I conclude that there were three bases for women's rights: equity, Republican Motherhood, and women's organizations. The legal concept of equity, the domestic ideology of Republican Motherhood combined with the social model of women's organizations formed the earliest foundation of what would become the first feminist movement, leading directly to the Declaration of Sentiments at Seneca Falls in 1848. Through an analysis of the changes in women's property ownership to the enhancement of the female domestic role in the early nineteenth century, women challenged their place in the public sphere. The sisterhood that was created as a result of the new domestic ideology and improved female education led to the creation of organizations to improve women's place in society. Through an almost fifty year evolution, the earliest women's volunteer organizations became the mid-nineteenth century reform organizations, leading to a campaign for woman's suffrage.

Maternal mortality in Nigeria is unacceptably high, accounting for 14 percent of global maternal deaths, thereby making it a global public health issue. Given that maternal mortality is essentially a women problem, it is a matter of justice and discrimination. In addition, significant regional disparities in maternal mortality exist within Nigeria, particularly between the northern and southern parts of the country. The maternal mortality ratio in the North is six to ten times greater than that of the South. The country's maternal mortality crisis occurs along regional and socioeconomic lines-the poorer northern Nigeria has a disproportionately higher maternal mortality ratio than the wealthier southern Nigeria. This thesis explores the disparities in maternal health across different regions in Nigeria from an intersectional perspective, taking into account economic, religious, cultural, rural, and urban differences. The study adopts intersectionality theory to examine how these factors intersect to impact maternal health outcomes in Nigeria. Furthermore, the thesis employs a functional comparative law approach, using India and South Africa as comparators, to assess how the constitutional courts of these countries have applied intersectional perspective to right to health. It highlights the importance of adopting an intersectional approach to understanding maternal health disparities in Nigeria, as it considers the multiple and interconnected factors that contribute to poor maternal health outcomes. This is particularly crucial in the Nigerian context, where maternal mortality rates remain high and access to quality maternal health services is limited, particularly in rural and underdeveloped regions. The comparative analysis of India and South Africa sheds light on how these countries have approached constitutionalizing the right to health and intersectionality in their courts. In South Africa, the Constitutional Court has played a crucial role in advancing the right to health and applying an intersectional perspective in its judicial decisions, leading to improvements in maternal health outcomes. In India, the Supreme Court has also played an important role in interpreting the right to health to include other associated factors, but its impact on maternal health outcomes remains limited, particularly in rural areas. The thesis concludes by advocating for constitutionalizing maternal health in Nigeria, through incorporation of the right to health in the Nigerian Constitution to ensure that this right is enforceable through the court processes. The study recommends that an adoption intersectional perspective in the implementation of maternal health policies and programs, in order to address the multiple and interconnected factors that contribute to maternal health disparities in Nigeria. The findings of this thesis contribute to the existing literature on maternal health and the right to health, and have important implications for policymakers and health practitioners working to improve maternal health outcomes in Nigeria and other developing countries. By incorporating an intersectional and comparative approach, the thesis provides a comprehensive understanding of the challenges and opportunities for constitutionalizing maternal health in Nigeria and highlights the need for a more nuanced and integrated approach to maternal health policy and practice.

The social instability of the Middle East is often assumed to be consequential predominantly from the influences of extreme traditional Islamic practices; with substantial prominence placed upon the treatment of and violence against Middle Eastern women. This discussion seeks to directly prove the prevalence of Islamic influence on Middle Eastern politics and the resulting social instability. This assessment is designed around an interdisciplinary examination of coalescent factors. By assessing the political history, social and cultural lifestyle, and political and legal situation of the region, the assessment examines the contributors to the social instability of Saudi Arabia, Lebanon, and Turkey. The principal conclusion of this narrative is that the influences of extreme traditional Islamic values have a direct influence on the social instability and gender equality exhibited in Islamic Middle Eastern nation-states.

This book is concerned with what happens to women when wars officially end. Along with several other volumes it recognises that women face particular difficulties at such ¿aftermath¿ moments which often have very strong continuities with what happened during wars, and with the nature of gender relations in society prior to armed conflict. At the international level remarkable progress has been made; in establishing women¿s legal rights; in the identification of sexual violence as a potential war crime, and even progress in some women¿s abilities to access such legal frameworks. Nonetheless, when faced with a post-war backlash from men and the state, women in highly varied cultural contexts tend to face distinct difficulties as they seek justice for crimes committed against them during and after wars; when they attempt to participate in ¿truth and reconciliation¿ endeavours, and when they attempt to re-build their lives. This book explores how far we have come both through international frameworks and in particular countries, and examines the ways in which the endings of war still often bring highly gendered challenges for women which are themselves often violent.

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The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa