Violence against women and criminal justice in Africa . Volume I Legislation, limitations and culture. / / edited by Emma Charlene Lubaale and Ashwanee Budoo-Scholtz

• Pubblicazione: Cham, Switzerland : , : Springer, , [2022]; ©2022
• Descrizione fisica: 1 online resource (401 pages)
• Disciplina: 364.153096
• Soggetto topico: Sex crimes - Law and legislation; Women - Crimes against
• Persona (resp. second.): LubaaleEmma Charlene; Budoo-ScholtzAshwanee
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Intro -- Foreword -- Acknowledgements -- Contents -- Notes on Contributors -- Abbreviations and Acronyms -- List of Figures -- Part I Introduction -- 1 Introduction -- References -- 2 Violence Against Women in Africa: A Human Rights Violation Necessitating Criminal Accountability -- 1 Background -- 2 Conceptualising Violence Against Women as a Violation of Human Rights -- 3 The Obligation of States to Ensure Accountability for Violence Against Women -- 4 The Role and Place of Criminal Accountability in Cases of Violence Against Women -- 5 Conclusion and the Unanswered Questions -- References -- Part II Legislation and its Implementation in Addressing Violence Against Women -- 3 Addressing Gender-Based Violence Epidemic Through Criminal Justice: A Case Study of South Africa and the DRC -- 1 Introduction -- 2 International and Regional Legal Framework for the Protection of Women and Girls from GBV -- 3 Overview of Gender-Based Violence in South Africa and the Democratic Republic of the Congo -- 3.1 The South African Perspective -- 3.2 The DRC Perspective -- 4 Domestic Legal Frameworks: GBV and Access to Justice for survivors of GBV -- 4.1 South Africa -- 4.1.1 The Constitution of the Republic of South Africa, 1996 -- 4.1.2 Domestic Violence Act of 1998 -- 4.1.3 The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 -- 4.2 The Democratic Republic of Congo -- 4.2.1 The Constitution of the DRC 2005 -- 4.2.2 Child Protection Law 09/001 of 2009 -- 4.2.3 The Penal Code of 1940 -- 5 Challenges for Survivors of GBV to Access the Criminal Justice System -- 5.1 South Africa -- 5.1.1 The Law, Jurisprudence and Policy -- 5.1.2 A National Drive to Eradicate GBV: The National Strategic Plan -- 5.2 Drc -- 6 Conclusion and Recommendations -- References -- 4 Access to Justice for Survivors of Violence: A Case Study of the Girl Child in Mauritius. ; 1 Introduction -- 2 Mauritius' International Obligations to Ensure that the Girl Child Who is a Survivor of Violence Has Access to Justice -- 2.1 United Nations and Access to Justice for the Girl Child -- 2.2 African Union and Access to Justice for the Girl Child -- 3 Current Framework on Access to Justice for the Girl Child in Cases of Violence -- 3.1 Legal Provisions on Violence Against the Girl Child and Access to Justice -- 3.1.1 The Constitution -- 3.1.2 The Penal Code -- 3.1.3 The Sexual Offences Act -- 3.1.4 The Child Protection Act -- 3.2 The Girl Child and the Court -- 3.3 Institutions -- 3.3.1 The Child Development Unit -- 3.3.2 The Ombudsperson for Children -- 3.3.3 The Judicial System -- 4 Provisions of the Draft Children's Rights Bill Relating to Access to Justice of the Girl Child in Cases of Violence -- 5 Challenges in the Ensuring that the Girl Child Has Access to Justice in Cases of Violence -- 5.1 Delay in Enacting the Children's Bill -- 5.2 Non-Criminalisation of Some Types of violence -- 5.2.1 Child Marriage -- 5.2.2 Marital Rape -- 5.3 Absence of Public Interest Litigation -- 5.4 Insufficient Collaboration Between Relevant Stakeholders -- 5.5 Patriarchy -- 5.6 Insufficient Data on the Girl Child -- 6 Recommendations and Conclusions -- References -- 5 Police Capacity Building in Dealing with Domestic Violence Cases in South Africa: An Entry Point to Women's Access to Justice -- 1 Introduction -- 1.1 Study Area -- 1.2 Methods -- 2 Policing Domestic violence in South Africa -- 3 Challenges of policing Domestic violence -- 4 Social Interactionist Perspective on Domestic violence -- 5 Results and Discussion -- 5.1 Profile of Participants -- 5.2 Need for Police capacitation -- 5.3 How to Capacitate the police -- 5.3.1 Training of police on Domestic violence -- 6 Conclusion -- References. ; 6 Access to Justice for Sexual Violence Against Women: A Socio-Legal Analysis of Case Reporting in Kenya -- 1 Introduction -- 2 Contextualising Reporting for victims of Sexual Violence -- 3 An Assessment of Kenya's Normative Framework on Access to Justice for Victims of Sexual Violence under International Human Rights law -- 4 Reporting in Practice: Examining the Current Status of Reporting of Sexual Violence in Kenya -- 5 Social and Institutional Response to Sexual Violence in Kenya -- 5.1 Social Responses to Sexual Violence in Kenya -- 5.1.1 Stigma and Victim Blaming -- 5.1.2 Lack of Information -- 5.2 Institutional Response to Sexual Violence -- 5.2.1 Response by Health Care Workers -- 5.2.2 Response by Law Enforcement Agents -- 5.2.3 Other Institutional Gaps -- 6 Towards an Effective Reporting System for Victims of Sexual Violence in Kenya -- 7 Conclusion -- References -- Part III Limitations of Criminal Justice Responses to Violence Against Women -- 7 Sex Trafficking as a Form of Gender-Based Violence Against Women: Lessons from South Africa and Uganda -- 1 Introduction -- 2 Trafficking as a Form of Violence Against Women -- 3 Beyond the Rhetoric: Prosecution and Punishment -- 3.1 Uganda -- 3.2 South Africa -- 4 Access to Justice for Trafficked victims -- 5 Conclusion -- References -- 8 Criminal Accountability for Gender-Based Violence in North Africa: Beyond Legal Reforms -- 1 Introduction -- 2 Gender-Based Violence in Egypt and Morocco: The Law, Religion, Social Norms and Mentality Gaps -- 2.1 The Various Expressions of Gender-Based violence in Egypt and Morocco -- 2.2 International Commitments and National Legislative reforms in Morocco and Egypt -- 2.3 Social and Cultural Norms in Egypt and Morocco: Implication on Criminal Accountability for Gender-Based Violence -- 3 Conclusion and Recommendations -- References. ; 9 The Right to Social Security as a Prerequisite to Access to Justice for Survivors of Sexual Violence in Zimbabwe -- 1 Introduction -- 2 A Brief Overview of Access to Justice for Sexual Violence Survivors in Zimbabwe -- 3 The Protection of Social Security in Zimbabwe -- 4 The Constitutional Framework on the Prohibition of Sexual Violence -- 5 An Analysis of Sexual Violence in Zimbabwe -- 5.1 Nature of Sexual Violence in Zimbabwe -- 5.2 The Extent of Sexual Violence -- 5.3 Law on Sexual Violence -- 6 The Nexus Between Access to Justice and Social Security of the Survivors of Sexual Violence -- 7 Possible Solutions to the Dilemma -- 8 Conclusion -- References -- 10 Roots Revisited: Barriers to Justice for Survivors and Victims of Female Genital Mutilation in The Gambia -- 1 Introduction -- 2 Prevalence of Female Genital Mutilation -- 3 FGM as a Form of Gender-Based violence -- 4 Causes of FGM in The Gambia -- 5 Effects of FGM -- 6 The Methodology to Achieve Change: The Shift to a Gambia Without Violence Against Women -- 7 Criminal Without Accountability-The Law Against FGM in The Gambia -- 7.1 A Mere Check in the Box -- 7.2 Analysis of the Law -- 8 Barriers to Access to Justice -- 8.1 The Government as a Resistor to Change -- 8.2 Public Perceptions -- 9 Conclusion -- References -- 11 Access to Justice by Victims of Violence Against Women and Girls in Tanzania: A Social Legal Perspective -- 1 Introduction -- 2 Background to Socio-cultural and Economic Violence Against Women in Tanzania -- 2.1 The Pre-Colonial Era -- 2.2 The Colonial Era -- 2.3 The Independence Era -- 2.4 The Post-Independence Era -- 3 Responses to Violence Against Women and Girls in Tanzania -- 3.1 Policies, Strategies and Action Plans -- 3.2 Laws -- 3.2.1 International Legal Framework -- 3.2.2 Regional Agreements -- 3.2.3 Sub-Regional Agreements -- 3.2.4 National Legislation. ; 3.3 Institutions -- 3.3.1 Ministries -- 4 Challenges -- 5 Prospects -- 6 Conclusion -- References -- Index.
• Sommario/riassunto: This book examines violence against women in Africa and criminal justice from the perspective of African scholars, practitioners and experts. As a global and long-standing issue, violence against women is gaining public visibility across the African continent with some states announcing a national crisis warranting immediate redress. At the global level, the elimination of all forms of violence against all women and girls forms a key part of United Nations Sustainable Development Goal 5: Gender Equality. Split across two volumes, these books present a comprehensive analysis of the latest research and theories, principles and practices of criminal justice systems, criminal justice accountability mechanisms, and the key challenges women face in their quest for justice on the African continent. Volume I focusses on legislation and its impact, the limitations of criminal justice responses, and the cultural and social norms regarding access to justice. Volume II examines sexual violence and vulnerable women's access to justice in Africa. They adopt a comparative approach that highlight gaps and good practices to provide a rich source of authoritative information for promoting an intra-African dialogue and cross-fertilization of ideas across the different criminal justice traditions in Africa. Both volumes seek to advance discussions on eliminating violence against women in Africa and speak to those interested in criminal justice, violence, gender studies and African legal studies. Emma Charlene Lubaale is an associate professor at the Faculty of Law of Rhodes University, South Africa. Ashwanee Budoo-Scholtz is the programme manager of the Master's in Human Rights and Democratisation in Africa at the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa.
• Titolo autorizzato: Violence against women and criminal justice in Africa
• ISBN: 3-030-75949-0
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 9910522958603321
• Lo trovi qui: Univ. Federico II
• Serie: Sustainable Development Goals Series, . 2523-3092