Browsing by Author "Snyman, Tegan Colleen"

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    The protection of African transgender women's rights to dignity, life and health through a teleological reading of the Maputo Protocol
    (Stellenbosch : Stellenbosch University, 2019-12) Snyman, Tegan Colleen; Rudman, Annika; Stellenbosch University. Faculty of Law. Dept. of Public Law.
    ENGLISH ABSTRACT: International human rights law asserts that all individuals are born free and equal in dignity and rights. The principle of universality, read together with the rights to equality and non-discrimination, embody this pronouncement and reaffirm that all human rights are bestowed unto all humans because they are human. This is accepted and reflected in most regional and domestic legal systems worldwide. Nonetheless, on the African continent, this pronouncement does not guarantee protection of the human rights of African individuals with non-normative gender identities. African transgender women in particular are an invisible minority, often misidentified as homosexual men. As a result, they frequently become victims of violence, discrimination and stigma. Because of their non-normativity and the denial of their gender identities and womanhood, these women are deprived of legal recognition and the protection of their rights. Moreover, this discrimination and the subsequent violations against them are justified by states as part of their cultural beliefs and/or traditions. Accordingly, the argument of the ‘relativism’ of human rights is presented by many states as defence for the prioritisation of ‘religious and cultural’ rights over gender identity rights. However, this is a failure of states to recognise that individuals with non-normative gender identities are human beings, entitled to their fundamental human rights. Treaties are a key mechanism of international law. Accordingly, treaty interpretation is an important tool to understand and implement international law. Whilst there are three approaches to interpretation typically recognised, the teleological approach to treaty interpretation, also known as the purposive approach, is argued to be the most effective in the interaction with human rights treaties. The Maputo Protocol is a regional African treaty which codifies the rights of African women. In the Maputo Protocol ‘women’ are defined by their female gender. Therefore, this thesis assesses whether African transgender women are recognised and protected through a teleological interpretation of the Maputo Protocol, in consideration of the definition for women set out in the Protocol. This assessment is done through an application of post-modern intersectional feminist legal theory, queer legal theory, the principle of universality as well as the rights to equality, non-discrimination and dignity.