Women, Law and Human Rights


Book Description

Africa, with its mix of statute, custom and religion is at the centre of the debate about law and its impact on gender relations. This is because of the centrality of the gender question and its impact on the cultural relativism debate within human rights. It is therefore important to examine critically the role of law, broadly constructed, in African societies. The book focuses on women's experiences in the family. This is because the lives of women continue to be lived out largely in the private domain, where the right to privacy is used to conceal unequal treatment of women which is justified by invoking 'custom' and 'tradition'. The book shows how law and its interpretation is used to disenfranchise women, resulting in their being deprived of land and other property which they may have helped to accumulate. It also considers issues of violence within the home, reproductive rights and examines the issue of female genital cutting. The role of women in development is explored as is their participation in politics and the NGO sector. A major theme of the book is a consideration of the linkages of constitutional and international human rights norms with local values. This is done using feminist tools of analysis. The book considers the provisions of the Protocol to the African Charter on Human and People's Rights on the Rights of Women which was adopted by the African Union in July 2003.




Women's Human Rights


Book Description

As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.




Fictions of Justice


Book Description

This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.




Gender Justice and Legal Pluralities


Book Description

Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.







The Palgrave Handbook of African Women's Studies


Book Description

This definitive handbook is the first reference of its kind bringing together knowledge, scholarship, and debates on themes and issues concerning African women everywhere. It unearths, critiques, reviews, analyses, theorizes, synthesizes and evaluates African women’s historical, social, political, economic, local and global lives and experiences with a view to decolonizing the corpus. This Handbook questions the gendered roles and positions of African women and the structures, institutions, and processes of policy, politics, and knowledge production that continually construct, deconstruct, and reconstruct African women and the study of them. Contributors offer a consistent emphasis on debunking erroneous and misleading myths about African women's roles and positions, bringing their previously marginalized stories to relief, and ultimately re-writing their histories. Thus, this Handbook enlarges the scope of the field, challenges its orthodoxies, and engenders new subjects, theories, and approaches. This reference work includes, to the greatest extent possible, the voices of African women themselves as writers of their own stories. The detailed, rigorous and up-to-date analyses in the work represent a variety of theoretical, methodological, and transdisciplinary approaches. This reference work will prove vital in charting new directions for the study of African women, and will reverberate in future studies, generating new debates and engendering further interest.




Legal Pluralism in Ethiopia


Book Description

Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.




Gender Parity and Multicultural Feminism


Book Description

This volume explores the connection between gender parity and multicultural feminism, both at the level of theory and in practice.




Human Rights, Plural Legalities, and Gendered Realities


Book Description

Drawing on research and micro-level studies of the implementation of gender and human rights principles and laws in Africa, Europe and Asia, this comparative text addresses the failure to deliver projected human rights benefits and protections to individuals on the ground, at state, regional and international levels. Together, the chapters constitute a concerted effort to build a responsive human rights approach ?from below and within'.




Militant Democracy


Book Description

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.