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Access to justice for black women in South Africa : a feminist social justice perspective
Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613455734800384 |
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| access_status_str | Open Access |
| author2 | Kok, Johann Anton |
| author_browse | Kok, Johann Anton |
| author_facet | Kok, Johann Anton |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/88597 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:25.392Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| 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:2263/88597 Access to justice for black women in South Africa : a feminist social justice perspective Kok, Johann Anton u14214629@tuks.co.za Sakaria, Ndelitungapo Eunice Justice rights Women’s rights Violent crimes Human rights violation South Africa UCTD Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2022. The right to access justice is a fundamental right that should be guaranteed to all women in the world. This is in line with the legal provisions of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). CEDAW further stipulates that access to justice for women is a fundamental element of the rule of law. Therefore, to realise this fundamental human right for women, international human rights law requires member states to take steps to ensure the effective implementation of national, regional and international laws relating to women’s right to access justice. These national and international instruments include the Universal Declaration of Human Rights (Universal Declaration), the African Charter on Human and Peoples’ Rights (ACHPR), CEDAW, the Declaration on the Elimination of Violence against Women (DEVAW), as well as section 9 of the Constitution of the Republic of South Africa 1996, to mention but a few. Despite all these legislative and policy frameworks, one still hears horrible and shocking stories about women’s human rights being violated in different ways. Moreover, young girls around South Africa are still subjected to physical and emotional abuse. As a result, it is understood that “women who seek justice are confronted by a complex landscape of laws, systems and institutions”. Particularly in South Africa, violent crimes such as the rape and murder of Anne Booysen’s in 2009 and Banyana National female football team player, Eudy Simelana, and the murder of Reeva Steenkamp convey a particular message of the lack of justice and protection for women. Consequently, in this dissertation, I critically examine the reasons why female victims of human rights violations find it difficult to access justice. The analysis is done by adapting a social justice feminist approach to challenge the social injustice experienced by women in South Africa. I will also consider the international and national legal positions to find out the effectiveness of these international and national legal instruments in ensuring access to justice for women in Africa. Even though the provisions of international law seem to be available to all victims, access to the international courts may only be granted when local remedies are exhausted. Therefore, this dissertation is motivated by the lack of access to justice that the victims of human rights violations are currently experiencing. A social justice feminist approach seems to provide a solution to the lack of access to justice. Social justice feminism is about social change; everyone is given an opportunity to do good and at the same time being empowered with the necessary resources to succeed. Achievement of social change would result in equal protection of people against human rights violations. The question is, can it be that an entirely different approach of implementation of the whole system of justice is the answer? I rely on current South African laws, rules, policies and cultural norms, case law as well as journal articles which could provide a broader stand on current occurrences of human rights violations against women and provide the solution to the problem of access to justice for women in South Africa. Centre for Human Rights Master of Laws (LLM) Unrestricted 2022-12-02T06:01:21Z 2022-12-02T06:01:21Z 2022 2022 Mini Dissertation * D2022 https://repository.up.ac.za/handle/2263/88597 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Justice rights Women’s rights Violent crimes Human rights violation South Africa UCTD Access to justice for black women in South Africa : a feminist social justice perspective |
| title | Access to justice for black women in South Africa : a feminist social justice perspective |
| title_full | Access to justice for black women in South Africa : a feminist social justice perspective |
| title_fullStr | Access to justice for black women in South Africa : a feminist social justice perspective |
| title_full_unstemmed | Access to justice for black women in South Africa : a feminist social justice perspective |
| title_short | Access to justice for black women in South Africa : a feminist social justice perspective |
| title_sort | access to justice for black women in south africa a feminist social justice perspective |
| topic | Justice rights Women’s rights Violent crimes Human rights violation South Africa UCTD |
| url | https://repository.up.ac.za/handle/2263/88597 |