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Gender inequality in Lesotho : the right of succession to chieftainship
Mini-Dissertation (MPhil)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613609863938048 |
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| access_status_str | Open Access |
| author2 | Hansungule, Michelo |
| author_browse | Hansungule, Michelo |
| author_facet | Hansungule, Michelo |
| collection | Thesis |
| dc_rights_str_mv | ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. |
| description | Mini-Dissertation (MPhil)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/52253 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:52.535Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/52253 Gender inequality in Lesotho : the right of succession to chieftainship Hansungule, Michelo Metsing, Nthatisi E. UCTD Elimination of discrimination Equal opportunities Gender equality Leadership roles Participation and representation SDG-10: Reduced inequalities SDG-05: Gender equality Law theses SDG-05 Law theses SDG-10 Mini-Dissertation (MPhil)--University of Pretoria, 2015. Like many other African countries, the system of traditional leadership and chieftainship in Lesotho is strongly embraced and deeply embedded. Under customary law chiefs have been regarded as and served as governors of their societies with power over different aspects of life. However the traditional leadership systems have been and continue to be predominantly male. The study therefore will examine the institution of chieftainship in Lesotho under both the Constitution and customary and; how this has led to gender inequality and infringement of international human rights law. Under customary law which is recognized by common law women, daughters in particular are denied the right to succeed to chieftainship on the basis of gender and sex. As a result, this has led to gender inequality and discrimination against women. Although the kingdom of Lesotho practices a dual system, obligating itself to incorporate international law into domestic law, it has been evident that both the constitution and customary law are inconsistent with international law particularly Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, which aims to protect and promote human rights; In this case women s rights. Although chieftainship perceived to be important and relevant, it has been argued that the institution of traditional leadership no longer has a place in the modern world therefore should be abolished. The study further examines some similar cases and judicial responses as well as the application of international law in addressing the issue of gender inequality that results from customary law. I also question under what or which circumstances shall customary law take precedence over international law and when should international law precede over customary/ domestic law. I therefore argue and recommend for the reformation and amendment of Chieftainship Act as well as the Constitution of Lesotho which continues to advocate for gender inequality based on cultural practices and customary law and lastly, the adoption of positive practices from the other African states the paper look at. tm2016 Centre for Human Rights MPhil Unrestricted 2016-05-04T13:45:08Z 2016-05-04T13:45:08Z 2015-12-10 2015 Mini Dissertation Metsing, NE 2015, Gender inequality in Lesotho : the right of succession to chieftainship, MPhil Mini-Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/52253> D2015 http://hdl.handle.net/2263/52253 en ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Elimination of discrimination Equal opportunities Gender equality Leadership roles Participation and representation SDG-10: Reduced inequalities SDG-05: Gender equality Law theses SDG-05 Law theses SDG-10 Gender inequality in Lesotho : the right of succession to chieftainship |
| title | Gender inequality in Lesotho : the right of succession to chieftainship |
| title_full | Gender inequality in Lesotho : the right of succession to chieftainship |
| title_fullStr | Gender inequality in Lesotho : the right of succession to chieftainship |
| title_full_unstemmed | Gender inequality in Lesotho : the right of succession to chieftainship |
| title_short | Gender inequality in Lesotho : the right of succession to chieftainship |
| title_sort | gender inequality in lesotho the right of succession to chieftainship |
| topic | UCTD Elimination of discrimination Equal opportunities Gender equality Leadership roles Participation and representation SDG-10: Reduced inequalities SDG-05: Gender equality Law theses SDG-05 Law theses SDG-10 |
| url | http://hdl.handle.net/2263/52253 |