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Impediments in the promotion of the rights in the promotion of gender equality in post-apartheid South Africa

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dc.contributor.author Ntlama, Nomthandazo Patience
dc.date.accessioned 2011-05-31T09:35:47Z
dc.date.available 2011-05-31T09:35:47Z
dc.date.issued 2010-06
dc.identifier.citation Ntlama, Nomthandazo Patience (2010) Impediments in the promotion of the rights in the promotion of gender equality in post-apartheid South Africa, University of South Africa, Pretoria, <http://hdl.handle.net/10500/4252> en
dc.identifier.uri http://hdl.handle.net/10500/4252
dc.description.abstract The adoption of the 1996 Constitution in recognition of the historic imbalances that South Africa inherited from its past, affirms the commitment to the promotion of human rights including the right to equality. The emphasis on the right to equality in the Constitution and other related laws discussed in the study represents a guarantee for both men and women the right to equal treatment and benefit of the law. The point of departure is based on the premise that views the law as an instrument that has the potential to effect social change. The primary purpose is to determine various factors that are an impediment to the significance of the law for the promotion of the right to gender equality. The objective is to establish with sufficient certainty the substantive conception of the right to gender equality in post-apartheid South Africa. This dissertation examines and provides a brief overview of the development and the intersection of the principles of non-discrimination at the international and regional spheres and their influence in broadening the scope for enforcement of gender equality in South Africa. It provides a literature review and an analysis of the equality jurisprudence of South Africa’s Constitutional Court and its influence to the lowest structures of the judiciary in promoting the right to gender equality. This undertaking is reinforced by the primary purpose in this study of examining various factors that are an impediment to the promotion of the right to gender equality. It discovers that the establishment of a “just society” is difficult where the significance of the law is affected by the lack of legal knowledge and other related factors identified in the study. It establishes that the promotion of the right to gender equality is a gradual process that should not be undertaken overnight but on a continuous basis. It can be drawn from the findings in this study that the law “alone” is limited in its application in addressing socio-legal problems. Despite the limitation, the use of law is not a goal that should be discarded as it lays the framework for the determination of the significance of legal measures for social change. en
dc.format.extent 1 online resource (xii, 386 p.)
dc.language.iso en en
dc.subject International law en
dc.subject Human rights en
dc.subject Gender equality en
dc.subject Social change en
dc.subject Non-discrimination en
dc.subject Domestic violance en
dc.subject Constitution en
dc.subject.ddc 342.85068
dc.subject.lcsh Equality before the law -- South Africa
dc.subject.lcsh Equality before the law
dc.subject.lcsh Human rights -- South Africa
dc.subject.lcsh Human rights -- International cooperation
dc.subject.lcsh Constitutional law -- South Africa
dc.title Impediments in the promotion of the rights in the promotion of gender equality in post-apartheid South Africa en
dc.type Thesis en


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