Discrimination against women under customary law in South Africa with reference to inheritance and succession
- Mashalaba, Siyabulela Welcome
- Authors: Mashalaba, Siyabulela Welcome
- Date: 2012
- Subjects: Inheritance and succession -- South Africa , Customary law -- South Africa , Sex discrimination -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11099 , http://hdl.handle.net/10353/505 , Inheritance and succession -- South Africa , Customary law -- South Africa , Sex discrimination -- South Africa
- Description: In South Africa, it is evident that women are uniformed of their essential human rights, especially their inheritance and succession rights, including protection of such rights. Human rights are international norms that protect individuals everywhere from the states’ political, legal and social abuse. Human rights are entitlements which human beings have in order to enhance their human condition. They are the fundamental entitlements or minimum standards to be met for individual so that they live with dignity. This study focused on discrimination of women under customary law in South Africa with reference to inheritance and succession. The study validated the findings of other researchers on the impact of cultural practices on women’s rights to inheritance and succession. In addition the findings revealed that efforts t eliminate traditional practices, should foremost come from men and from communities that hold such destructive attitudes towards women. The outcomes and recommendations of this study would assist the government and other institutions to adopt effective measures to empower women and especially educate them so that they can assert and defend their human rights
- Full Text:
- Date Issued: 2012
- Authors: Mashalaba, Siyabulela Welcome
- Date: 2012
- Subjects: Inheritance and succession -- South Africa , Customary law -- South Africa , Sex discrimination -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11099 , http://hdl.handle.net/10353/505 , Inheritance and succession -- South Africa , Customary law -- South Africa , Sex discrimination -- South Africa
- Description: In South Africa, it is evident that women are uniformed of their essential human rights, especially their inheritance and succession rights, including protection of such rights. Human rights are international norms that protect individuals everywhere from the states’ political, legal and social abuse. Human rights are entitlements which human beings have in order to enhance their human condition. They are the fundamental entitlements or minimum standards to be met for individual so that they live with dignity. This study focused on discrimination of women under customary law in South Africa with reference to inheritance and succession. The study validated the findings of other researchers on the impact of cultural practices on women’s rights to inheritance and succession. In addition the findings revealed that efforts t eliminate traditional practices, should foremost come from men and from communities that hold such destructive attitudes towards women. The outcomes and recommendations of this study would assist the government and other institutions to adopt effective measures to empower women and especially educate them so that they can assert and defend their human rights
- Full Text:
- Date Issued: 2012
Factors that conduce towards domestic violence against rural women a case study of Sisonke District Municipality KwaZulu Natal
- Authors: Nyathi, Noluvo Annagratia
- Date: 2012
- Subjects: Spousal abuse -- South Africa -- KwaZulu Natal , Human rights -- South Africa , Crimes against -- Women , Legal status laws etc -- South Africa -- KwaZulu Natal , Domestic Violence -- KwaZulu Natal -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11100 , http://hdl.handle.net/10353/509 , Spousal abuse -- South Africa -- KwaZulu Natal , Human rights -- South Africa , Crimes against -- Women , Legal status laws etc -- South Africa -- KwaZulu Natal , Domestic Violence -- KwaZulu Natal -- South Africa
- Description: In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.
- Full Text:
- Date Issued: 2012
- Authors: Nyathi, Noluvo Annagratia
- Date: 2012
- Subjects: Spousal abuse -- South Africa -- KwaZulu Natal , Human rights -- South Africa , Crimes against -- Women , Legal status laws etc -- South Africa -- KwaZulu Natal , Domestic Violence -- KwaZulu Natal -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11100 , http://hdl.handle.net/10353/509 , Spousal abuse -- South Africa -- KwaZulu Natal , Human rights -- South Africa , Crimes against -- Women , Legal status laws etc -- South Africa -- KwaZulu Natal , Domestic Violence -- KwaZulu Natal -- South Africa
- Description: In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.
- Full Text:
- Date Issued: 2012
Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district
- Authors: Mankazana, Sobantu Vincent
- Date: 2012
- Subjects: South Africa -- Childrens Act 2005 , Children -- Law and legislation -- South Africa , Children -- Legal status laws etc -- South Africa -- Eastern Cape , Mainstreaming in education -- South Africa -- Eastern Cape , Children -- Human rights
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11102 , http://hdl.handle.net/10353/502 , South Africa -- Childrens Act 2005 , Children -- Law and legislation -- South Africa , Children -- Legal status laws etc -- South Africa -- Eastern Cape , Mainstreaming in education -- South Africa -- Eastern Cape , Children -- Human rights
- Description: In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children’s Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children’s Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child’s life. They provide frameworks which can be used as guides for eliciting and analysing information.
- Full Text:
- Date Issued: 2012
- Authors: Mankazana, Sobantu Vincent
- Date: 2012
- Subjects: South Africa -- Childrens Act 2005 , Children -- Law and legislation -- South Africa , Children -- Legal status laws etc -- South Africa -- Eastern Cape , Mainstreaming in education -- South Africa -- Eastern Cape , Children -- Human rights
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11102 , http://hdl.handle.net/10353/502 , South Africa -- Childrens Act 2005 , Children -- Law and legislation -- South Africa , Children -- Legal status laws etc -- South Africa -- Eastern Cape , Mainstreaming in education -- South Africa -- Eastern Cape , Children -- Human rights
- Description: In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children’s Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children’s Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child’s life. They provide frameworks which can be used as guides for eliciting and analysing information.
- Full Text:
- Date Issued: 2012
The protection and promotion of the rights of indigenous people in Africa: a case study of the Basarwa in Botswana
- Authors: Ferim, Bonolo nee Matlho
- Date: 2012
- Subjects: Indigenous peoples -- Civil rights -- Botswana , Minorities -- Botswana , San (African people) -- Botswana
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11101 , http://hdl.handle.net/10353/554 , Indigenous peoples -- Civil rights -- Botswana , Minorities -- Botswana , San (African people) -- Botswana
- Description: mnesty International (2009:1) reports that despite some progress over the last decade, indigenous peoples around the world continue to live in hardship and danger. This is due to the failure of states to uphold their fundamental human rights. The persecution of minorities by intolerant majorities is still a major cause of international unrest in various parts of the world (Sohn, 1981: 272). Against this backdrop, this study set out to investigate the extent to which the rights of the Basarwa in Botswana are promoted and protected by the government. Methods of data collection included questionnaire, interviews, books, journal articles and internet publications. The study found out that the government of Botswana does not promote and protect the rights of the Basarwa in Botswana. They are instead being considered as a primitive and backward people and hence, a developmental problem by the government of Botswana. Other violations of their rights include: non-recognition as the indigenous people of Botswana, derogatory names-calling, forced land evictions and other forms of social and economic exclusion. The study recommends the following: The need for the government of Botswana to recognise the Basarwa as a distinct and unique ethnic group in the country; the need for dialogue between the Basarwa, the government of Botswana and NGOs; the need for the government of Botswana to ameliorate the quality and accessibility of social services for the Basarwa, particularly in the areas of health and education; and the need for both the public and private sectors alike to provide the necessary skills for employment of the Basarwa.
- Full Text:
- Date Issued: 2012
- Authors: Ferim, Bonolo nee Matlho
- Date: 2012
- Subjects: Indigenous peoples -- Civil rights -- Botswana , Minorities -- Botswana , San (African people) -- Botswana
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11101 , http://hdl.handle.net/10353/554 , Indigenous peoples -- Civil rights -- Botswana , Minorities -- Botswana , San (African people) -- Botswana
- Description: mnesty International (2009:1) reports that despite some progress over the last decade, indigenous peoples around the world continue to live in hardship and danger. This is due to the failure of states to uphold their fundamental human rights. The persecution of minorities by intolerant majorities is still a major cause of international unrest in various parts of the world (Sohn, 1981: 272). Against this backdrop, this study set out to investigate the extent to which the rights of the Basarwa in Botswana are promoted and protected by the government. Methods of data collection included questionnaire, interviews, books, journal articles and internet publications. The study found out that the government of Botswana does not promote and protect the rights of the Basarwa in Botswana. They are instead being considered as a primitive and backward people and hence, a developmental problem by the government of Botswana. Other violations of their rights include: non-recognition as the indigenous people of Botswana, derogatory names-calling, forced land evictions and other forms of social and economic exclusion. The study recommends the following: The need for the government of Botswana to recognise the Basarwa as a distinct and unique ethnic group in the country; the need for dialogue between the Basarwa, the government of Botswana and NGOs; the need for the government of Botswana to ameliorate the quality and accessibility of social services for the Basarwa, particularly in the areas of health and education; and the need for both the public and private sectors alike to provide the necessary skills for employment of the Basarwa.
- Full Text:
- Date Issued: 2012
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