1.

Record Nr.

UNINA9910829591103321

Titolo

In search of equality : women, law and society in Africa / / edited by Stefanie Röhrs and Dee Smythe ; with Annie Hsieh and Monica de Souza ; project manager, Glenda Younge ; editor, Daphne Burger ; proofreader, Ricky Rontsch ; typesetter, Stefanie Krieg-Elliott ; cover designer, Monique Cleghorn ; cover photograph, Rauri Alcock

Pubbl/distr/stampa

Cape Town, South Africa : , : University Of Cape Town Press, , 2014

©2014

ISBN

1-77582-151-X

Descrizione fisica

1 online resource (273 pages)

Altri autori (Persone)

RöhrsStefanie <1977->

SmytheDee

HsiehAnnie

SouzaMonica de

YoungeGlenda

BurgerDaphne

RöntschRicky

Krieg-ElliottStefanie

CleghornMonique

AlcockRauri

Disciplina

323.34096

Soggetti

Women's rights - Africa

Women - Violence against - Africa

Sex discrimination against women - Africa

Sex role - Africa

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references at the end of each chapters and index.

Nota di contenuto

Front cover; Title page; Imprint page; Table of contents; Acknowledgements; Contributors; Acronyms and abbreviations; Table of cases; Table of legislation; Introduction: In search of equality: Women, law and society in Africa; 1 Discriminatory laws; 2 Legal pluralism; 3 Access to justice and the absence of protection; 4 Strategic



litigation for women's rights; 5 Conclusion; Endnotes; References; Chapter 1: Challenges in litigation on gender issues in Namibia; 1 Introduction; 2 Challenges; 2.1 Lengthy court cases; 2.2 Settlement or abandonment of cases

2.3 Jurisprudence overtaken by law reform2.4 Difficulties in enforcing judgments; 2.5 Mixed case outcomes; 2.6 Successful litigation; 3 Strategies; 3.1 Careful case selection; 3.2 Combining litigation and advocacy; 3.3 Exploring different avenues for litigation; 4 Conclusion; Endnotes; References; Chapter 2: Constitutionalism and the law of inheritance: Recent experiences from Uganda; 1 Introduction; 2 The legal framework of succession and inheritance; 2.1 Customary laws and inheritance; 2.2 Statutory inheritance laws in Uganda; 3 Implications of the Succession Act for inheritance

3.1 Joint ownership3.2 Women in a separated relationship; 3.3 Women in cohabitation relationships; 3.4 Women in polygamous marriages; 3.5 Succession law and women without children; 4 Recent challenges to the law of intestate succession; 4.1 Law and Advocacy for Women in Uganda: The 2007 case; 4.2 Limitations of the Law and Advocacy judgment; 5 Alternative venues: The potential of community courts; 6 Advocacy education and the Registration of Titles Act; 7 Conclusion; Endnotes; References; Chapter 3: Gender equality in customary marriages in South Africa; 1 Introduction; 2 Background

3 International legal framework and the South African Constitution4 Implications of the Recognition of Customary Marriages Act (RCMA); 5 Essential requirements for a valid customary marriage; 5.1 Definition of customary law; 5.2 Status of customary marriages; 5.3 Entering into marriage; 5.4 Consent to a customary marriage; 5.5 Civil marriages during the subsistence of a customary marriage; 6 Registration of a customary marriage; 7 Consequences of a customary marriage; 7.1 Equal status of spouses; 8 Proprietary consequences of customary marriages; 9 Dissolution of a customary marriage

10 Gains and losses11 Conclusion; Endnotes; References; Chapter 4: Enforcing women's rights in Malawi; 1 Introduction; 2 Legislative protection of women's rights in Malawi; 3 Critical issues in women's rights litigation in Malawi; 3.1 Employment-related rights; 3.2 Child custody rights; 3.3 Inheritance rights and property-grabbing; 3.4 Right to citizenship; 4 Enforcing women's rights in Malawi; 5 Conclusion; Endnotes; References; Chapter 5: The justice system and women's rights in Côte d'Ivoire; 1 Introduction; 2 Quality of life for women in Côte d'Ivoire; 3 The legislative framework

3.1 Constitutional law

Sommario/riassunto

Just over 50 years ago several African countries drew up new Constitutions which included protocols such as the Protocol on the Rights of Women. Decades later, has constitutional reform brought gender equality to women in Africa? And what does gender equality mean in the everyday lives of women on the continent?    The contributors to this volume provide insights into women's rights in seven African countries - Cote d'Ivoire, Malawi, Namibia, Nigeria, Rwanda, South Africa and Uganda. Each looks at the causes, context and consequences of the struggle to uphold women's rights. Their case studies