Doctoral Degrees (Public Law)

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Browsing Doctoral Degrees (Public Law) by Subject "African Charter on Human and Peoples' Rights (1981 June 27)"

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    Resocialisation as an obligation, right and remedy under international and African regional human rights law in the fulfilment of African women's rights
    (Stellenbosch : Stellenbosch University, 2023-12) Mahmoudi, Anisa; Rudman, Annika; Stellenbosch University. Faculty of Law. Dept. of Public Law.
    ENGLISH ABSTRACT : Women have been considered inferior to men in all aspects of life for centuries. Such relegation has manifested in discriminatory practices, ultimately impacting women’s autonomy and freedom to choose what serves them best. In viewing women as sub-human, society has come to associate certain norms and practices as falling exclusively within the domain of men while creating a discourse that views women as incapable of and prohibited from participating in such domains. The perpetuated narrative of women as lesser than men, based on stereotypes, assumptions, biases, and other socio-cultural norms and practices, will continue to dominate societal discourse, to the detriment of women, unless a meaningful shift in societal conceptions of women occurs. Resocialisation as an obligation, right and remedy finds legitimacy in international and African regional law, instilling the necessity of modifying the underlying determinants of gender inequality. While progressive laws protecting the rights and freedoms of women exist, their utility will always remain subject to the biases, assumptions, and other limitations of those bound to uphold such rights. Similarly, the discrimination women experience at the hands of ordinary individuals in society will remain because of the normalised nature of such socio-cultural assumptions and behaviours, limiting women’s access to domains long deemed male-only. The realisation of substantive and transformative gender equality remains contingent upon adequately implementing resocialisation across society. At the international law level, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provides a solid benchmark to analyse resocialisation on an African regional level. Moreover, African women benefit from progressive laws on the continent, providing extensive protections. Indeed, the African regional system’s legislative framework is such that it holds significant potential to spearhead resocialisation in its interpretation and application in practice amongst its regional counterparts and beyond. This research analyses resocialisation on the continent compared to resocialisation on the international level. In doing so, it looks at how the Committee on the Elimination of Discrimination against Women (CEDAW Committee) interprets and applies resocialisation at the international level and compares it to the interpretation and application at the African regional level. The African Charter on Human and Peoples’ Rights (African Charter) provides the benchmark for resocialisation on the continent, with the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) embedding resocialisation on the continent with several of its provisions. The manner in which states and the African Commission engage with resocialisation on the continent provides glimpses into the extent to which resocialisation plays a role on the continent and the seriousness afforded to its implementation. In analysing the state reports and Concluding Observations as well as decisions of the courts, it becomes clear that an adequate understanding and application of resocialisation on the continent is lacking and in need of enhancement. Notwithstanding the recognised challenges that come with the implementation of resocialisation, the law mandates states to modify the underlying socio-cultural norms underpinning discrimination. The triple approach to resocialisation – as an obligation, right and remedy – ensures that modification is not viewed singularly as an obligation on states but as a right owed to women and a remedy available where cases of the violation of rights are heard.