An analysis of the South African common law defence of moderate and reasonable child chastisement
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Common law -- South Africa -- Cases Corporal punishment
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2556 , vital:27894
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Common law -- South Africa -- Cases Corporal punishment
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2556 , vital:27894
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
South Africa's 2015 immigration regulations and the controversy concerning the right of the child traveller
- Muvhevhi, Roseline Rumbidzai
- Authors: Muvhevhi, Roseline Rumbidzai
- Date: 2016
- Subjects: Emigration and immigration law Emigration and Immigration -- Government policy -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2545 , vital:27890
- Description: Over the years, human trafficking has become one of the fastest growing crimes in the world. According to a report of the United Nations Office on Drugs and Crime, Women and Children account for 75 percent of trafficked victims. Between 2007 and 2010, children accounted for 20 percent of the trafficked victims which is approximately 1343 children per year. Sadly, these statistics continue to rise annually. It is from this premise that no one can doubt the rationale behind the 2015 Immigration Regulations that affect children travelling in and out of South Africa. However, in terms of section 28 (2) of the Constitution of the Republic of South Africa, it is a prerequisite that in any matter affecting a child, the best interest of the child be of paramount importance. This mini dissertation seeks to establish whether these Immigration Regulations which initially came into effect in May 2014, are in the best interest of child travellers. This has been done by looking at the old system which regulated the movement of children; its loopholes and shortcomings, thereby establishing whether Regulation 6 (12) is a panacea or in fact the hallmark of a series of problems that have a detrimental effect on the well-being as well as the rights of the child. The research methodology is mainly based on a study of existing literature. This largely includes internet sources, national legislation, regional and international instruments as well as case law. The South African Immigration Act 2002 is the primary reference with regards to regulatory information. However, lessons are drawn from legislation from other jurisdictions, notably Zimbabwean Immigration laws as well as those of Namibia. This is because South Africa shares a border with Zimbabwe and it also has a historical connection with Namibia and has good relations with both States. The mini dissertation analyses the impact of the 2015 Immigration Regulations not only on children but on other sectors as well. Lastly, the latter makes recommendations on how to improve these Regulations without affecting the best interest of child travellers.
- Full Text:
- Date Issued: 2016
- Authors: Muvhevhi, Roseline Rumbidzai
- Date: 2016
- Subjects: Emigration and immigration law Emigration and Immigration -- Government policy -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2545 , vital:27890
- Description: Over the years, human trafficking has become one of the fastest growing crimes in the world. According to a report of the United Nations Office on Drugs and Crime, Women and Children account for 75 percent of trafficked victims. Between 2007 and 2010, children accounted for 20 percent of the trafficked victims which is approximately 1343 children per year. Sadly, these statistics continue to rise annually. It is from this premise that no one can doubt the rationale behind the 2015 Immigration Regulations that affect children travelling in and out of South Africa. However, in terms of section 28 (2) of the Constitution of the Republic of South Africa, it is a prerequisite that in any matter affecting a child, the best interest of the child be of paramount importance. This mini dissertation seeks to establish whether these Immigration Regulations which initially came into effect in May 2014, are in the best interest of child travellers. This has been done by looking at the old system which regulated the movement of children; its loopholes and shortcomings, thereby establishing whether Regulation 6 (12) is a panacea or in fact the hallmark of a series of problems that have a detrimental effect on the well-being as well as the rights of the child. The research methodology is mainly based on a study of existing literature. This largely includes internet sources, national legislation, regional and international instruments as well as case law. The South African Immigration Act 2002 is the primary reference with regards to regulatory information. However, lessons are drawn from legislation from other jurisdictions, notably Zimbabwean Immigration laws as well as those of Namibia. This is because South Africa shares a border with Zimbabwe and it also has a historical connection with Namibia and has good relations with both States. The mini dissertation analyses the impact of the 2015 Immigration Regulations not only on children but on other sectors as well. Lastly, the latter makes recommendations on how to improve these Regulations without affecting the best interest of child travellers.
- Full Text:
- Date Issued: 2016
The implementation of deportation laws against the right to security and liberty of migrants workers : a case study of South Africa
- Authors: Pedzisa, Beatrice
- Date: 2016
- Subjects: Deportation Emigration and immigration law -- South Africa Emigration and immigration -- Government policy
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2533 , vital:27889
- Description: Globalisation has resulted in the increase of migrant workers who cross borders in search of better opportunities and greener pastures. Migrant workers, wherever they decide to relocate, are at the risk of arbitrary arrests and illegal deportations which infringe their right to liberty and security. Many unreported cases show that migrant workers in South Africa have to endure inhuman treatment every day, through the implementation of deportation laws by law enforcement agencies. This is however, done in a manner which disregards their possession of necessary documentation authorising them to be in the country. The Constitution of South Africa, legislation and other related policies provide for the protection of the right to liberty and security of migrant workers. It is against the above that this mini dissertation examines and analyses how the implementation of deportation laws impacts on the right to liberty and security of migrant workers. This mini dissertation points out that there is a dire need to ensure that the implementation of deportation laws complies with the requirements of the right to security and liberty of persons accorded to the status of migrant workers by the Constitution and other related legislation or policies. The methodology made use of in this research is qualitative. This research used legislative texts, case law, journal articles and other academic commentary to acquire information on the right of migrant workers and their plight in South Africa. The study also makes recommendations for appropriate domestic law reform in respect to how deportation laws can be implemented in a bid to protect the right to liberty and security of migrant workers. These recommendations are designed to ensure that law enforcement agencies adhere to the law and procedure which protect migrant workers from arbitrary arrests, and illegal deportations.
- Full Text:
- Date Issued: 2016
- Authors: Pedzisa, Beatrice
- Date: 2016
- Subjects: Deportation Emigration and immigration law -- South Africa Emigration and immigration -- Government policy
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2533 , vital:27889
- Description: Globalisation has resulted in the increase of migrant workers who cross borders in search of better opportunities and greener pastures. Migrant workers, wherever they decide to relocate, are at the risk of arbitrary arrests and illegal deportations which infringe their right to liberty and security. Many unreported cases show that migrant workers in South Africa have to endure inhuman treatment every day, through the implementation of deportation laws by law enforcement agencies. This is however, done in a manner which disregards their possession of necessary documentation authorising them to be in the country. The Constitution of South Africa, legislation and other related policies provide for the protection of the right to liberty and security of migrant workers. It is against the above that this mini dissertation examines and analyses how the implementation of deportation laws impacts on the right to liberty and security of migrant workers. This mini dissertation points out that there is a dire need to ensure that the implementation of deportation laws complies with the requirements of the right to security and liberty of persons accorded to the status of migrant workers by the Constitution and other related legislation or policies. The methodology made use of in this research is qualitative. This research used legislative texts, case law, journal articles and other academic commentary to acquire information on the right of migrant workers and their plight in South Africa. The study also makes recommendations for appropriate domestic law reform in respect to how deportation laws can be implemented in a bid to protect the right to liberty and security of migrant workers. These recommendations are designed to ensure that law enforcement agencies adhere to the law and procedure which protect migrant workers from arbitrary arrests, and illegal deportations.
- Full Text:
- Date Issued: 2016
Modern slavery and worst forms of child labour in South Africa: case of the former homeland areas
- Obi, A
- Authors: Obi, A
- Date: 2014
- Subjects: Human rights , Child labour , Slavery
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11104 , http://hdl.handle.net/10353/d1016119 , Human rights , Child labour , Slavery
- Description: Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
- Full Text:
- Date Issued: 2014
- Authors: Obi, A
- Date: 2014
- Subjects: Human rights , Child labour , Slavery
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11104 , http://hdl.handle.net/10353/d1016119 , Human rights , Child labour , Slavery
- Description: Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
- Full Text:
- Date Issued: 2014
The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape
- Authors: Johannes, Warren Dewald
- Date: 2013
- Subjects: Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/646 , vital:26484 , Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Description: In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not subject to ‘reasonable legislative and other measures, available resources and progressive realisation.’ The right to basic, compulsory education is widely regarded as a fundamental human right. For example, this right is included in a number of international human rights treaties such as the ‘Universal Declaration of Human Rights’, the ‘International Covenant on Economic, Social and Cultural Rights,’ the ‘African Charter on the Rights and Welfare of the Child’, the ‘Convention on the Rights of the Child’, the ‘Dakar Framework for Action: Education for All’, and ‘UNESCO Convention against Discrimination in Education’. The South African Constitution, however, does not clarify the content and scope of the right to basic education. Consequently, the Constitution has given the state wide discretion to determine the scope, nature and content of this basic right. Apartheid left the South African education system fragmented and unequal. The South African educational system has gone through numerous curricula and institutional changes. The changes in the curriculum were part of the transformation process of the South African education system. In addition, the state has allocated substantial public funds towards basic education. However, the investment in basic education does not commensurate with the quality of teaching and learning in poor and marginalised schools. For example, several rural and farm schools in the Eastern Cape lacked toilet facilities; textbooks and other education support material; furniture; and other essential necessities. Education loses its transformative power when poor and marginalised schools continue to lack these essential services. Consequently, inequality is perpetuated and the poor and marginalised are unable to compete meaningfully in the social, economic and political life of South Africa. The mini dissertation concludes by recommending that the Department of Basic Education should ensure that all schools, especially those in rural communities and farms, have access to textbooks, qualified teachers, clean water and toilet facilities and other essential necessities needed for the delivery of quality basic education.
- Full Text:
- Date Issued: 2013
- Authors: Johannes, Warren Dewald
- Date: 2013
- Subjects: Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/646 , vital:26484 , Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Description: In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not subject to ‘reasonable legislative and other measures, available resources and progressive realisation.’ The right to basic, compulsory education is widely regarded as a fundamental human right. For example, this right is included in a number of international human rights treaties such as the ‘Universal Declaration of Human Rights’, the ‘International Covenant on Economic, Social and Cultural Rights,’ the ‘African Charter on the Rights and Welfare of the Child’, the ‘Convention on the Rights of the Child’, the ‘Dakar Framework for Action: Education for All’, and ‘UNESCO Convention against Discrimination in Education’. The South African Constitution, however, does not clarify the content and scope of the right to basic education. Consequently, the Constitution has given the state wide discretion to determine the scope, nature and content of this basic right. Apartheid left the South African education system fragmented and unequal. The South African educational system has gone through numerous curricula and institutional changes. The changes in the curriculum were part of the transformation process of the South African education system. In addition, the state has allocated substantial public funds towards basic education. However, the investment in basic education does not commensurate with the quality of teaching and learning in poor and marginalised schools. For example, several rural and farm schools in the Eastern Cape lacked toilet facilities; textbooks and other education support material; furniture; and other essential necessities. Education loses its transformative power when poor and marginalised schools continue to lack these essential services. Consequently, inequality is perpetuated and the poor and marginalised are unable to compete meaningfully in the social, economic and political life of South Africa. The mini dissertation concludes by recommending that the Department of Basic Education should ensure that all schools, especially those in rural communities and farms, have access to textbooks, qualified teachers, clean water and toilet facilities and other essential necessities needed for the delivery of quality basic education.
- Full Text:
- Date Issued: 2013
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
The nature and extent of child labour in Zimbabwe: a case study of Goromonzi District farms in Zimbabwe
- Authors: Musandirire, Sally
- Date: 2010
- Subjects: Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11097 , http://hdl.handle.net/10353/266 , Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Description: The study examines the nature and extent of child labour in Goromonzi District farms in Zimbabwe. The main objective of the study was to investigate the nature and extent of child labour in Goromonzi District farms. The study reveals high levels of child exploitation and abuse. A qualitative design was chosen and purposive sampling was used. Interviews were used to collect data. The sample consisted of 40 children between 7 and 16 years. Interviews were also conducted with the Coalition Against Child Labour in Zimbabwe (CACLAZ). CACLAZ is an NGO that specializes in the elimination of child labour in Zimbabwe through the provision of education. The study reveals different forms of child labour. These include children working in communal and commercial farms, children working in domestic set up and child prostitution. The study exposes some of the causes and effects of child labour. Poverty, increased cost of education, and cultural practices were some of the causes of child labour. The study also reveals gaps that exist in the LRA. In view of the findings, the study makes recommendation on how to curb child labour and protect the rights of children as enshrined in various international instruments such as the CRC and ILO Conventions.
- Full Text:
- Date Issued: 2010
- Authors: Musandirire, Sally
- Date: 2010
- Subjects: Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11097 , http://hdl.handle.net/10353/266 , Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Description: The study examines the nature and extent of child labour in Goromonzi District farms in Zimbabwe. The main objective of the study was to investigate the nature and extent of child labour in Goromonzi District farms. The study reveals high levels of child exploitation and abuse. A qualitative design was chosen and purposive sampling was used. Interviews were used to collect data. The sample consisted of 40 children between 7 and 16 years. Interviews were also conducted with the Coalition Against Child Labour in Zimbabwe (CACLAZ). CACLAZ is an NGO that specializes in the elimination of child labour in Zimbabwe through the provision of education. The study reveals different forms of child labour. These include children working in communal and commercial farms, children working in domestic set up and child prostitution. The study exposes some of the causes and effects of child labour. Poverty, increased cost of education, and cultural practices were some of the causes of child labour. The study also reveals gaps that exist in the LRA. In view of the findings, the study makes recommendation on how to curb child labour and protect the rights of children as enshrined in various international instruments such as the CRC and ILO Conventions.
- Full Text:
- Date Issued: 2010
Should passive euthanasia be made legal in South Africa?
- Chidoori, Rumbidzai Elizabeth Portia
- Authors: Chidoori, Rumbidzai Elizabeth Portia
- Date: 2009
- Subjects: Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11098 , http://hdl.handle.net/10353/253 , Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Description: In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.
- Full Text:
- Date Issued: 2009
- Authors: Chidoori, Rumbidzai Elizabeth Portia
- Date: 2009
- Subjects: Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11098 , http://hdl.handle.net/10353/253 , Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Description: In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.
- Full Text:
- Date Issued: 2009
An investigation of illegal farm evictions in the Great Kei Local Municipality
- Sonjica, Kholekile Templeton
- Authors: Sonjica, Kholekile Templeton
- Date: 2008
- Subjects: Farm evictions -- Farm workers
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11103 , http://hdl.handle.net/10353/103 , Farm evictions -- Farm workers
- Description: This research entails a case study on the investigation of illegal farm evictions in the Great Kei Local Municipality of the Eastern Cape. The study was propelled by the plight of people living and working on farms in South Africa who are always victims of illegal farm evictions. Such evictions in many an instance violate their basic human rights protected by South Africa’s constitution and many other international conventions. It is hoped that the findings and recommendations of the research will have a profound impact on how illegal farm evictions in future will be handled by those championing the rights of people living and working on farms. Similarly, there is hope that this study will create an interest in others to new broader issues of human rights protection. A closer look at concepts like constructive evictions is necessary because of their traumatic nature to their victims. The study is divided into five chapters. 1. Introduction This chapter provides a background, the purpose of the study, specific objectives or research questions, hypotheses or assumptions of the study, the significance of the study, justification or rationale of the study, delimitation of the study, literature review, methodology, ethical considerations, and the limitations of the study. 2. The history of farm evictions in South Africa This chapter gives an outline of farm evictions in South Africa from both the colonial and apartheid 3. The culture of human rights in South Africa This chapter examines the institutions and instruments that influence the human rights culture in South Africa. It focuses on the legislative framework of human rights. 4. Farm evictions in the Great Kei Local Municipality of the Eastern Cape This chapter discusses farm evictions in the Great Kei Local Municipality and South Africa in general between December 2001 and December 2006. A case study of the same municipality is the nucleus of this research. 5. Conclusion The evaluation, findings, and recommendations of the study form the greater part of the chapter.
- Full Text:
- Date Issued: 2008
- Authors: Sonjica, Kholekile Templeton
- Date: 2008
- Subjects: Farm evictions -- Farm workers
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11103 , http://hdl.handle.net/10353/103 , Farm evictions -- Farm workers
- Description: This research entails a case study on the investigation of illegal farm evictions in the Great Kei Local Municipality of the Eastern Cape. The study was propelled by the plight of people living and working on farms in South Africa who are always victims of illegal farm evictions. Such evictions in many an instance violate their basic human rights protected by South Africa’s constitution and many other international conventions. It is hoped that the findings and recommendations of the research will have a profound impact on how illegal farm evictions in future will be handled by those championing the rights of people living and working on farms. Similarly, there is hope that this study will create an interest in others to new broader issues of human rights protection. A closer look at concepts like constructive evictions is necessary because of their traumatic nature to their victims. The study is divided into five chapters. 1. Introduction This chapter provides a background, the purpose of the study, specific objectives or research questions, hypotheses or assumptions of the study, the significance of the study, justification or rationale of the study, delimitation of the study, literature review, methodology, ethical considerations, and the limitations of the study. 2. The history of farm evictions in South Africa This chapter gives an outline of farm evictions in South Africa from both the colonial and apartheid 3. The culture of human rights in South Africa This chapter examines the institutions and instruments that influence the human rights culture in South Africa. It focuses on the legislative framework of human rights. 4. Farm evictions in the Great Kei Local Municipality of the Eastern Cape This chapter discusses farm evictions in the Great Kei Local Municipality and South Africa in general between December 2001 and December 2006. A case study of the same municipality is the nucleus of this research. 5. Conclusion The evaluation, findings, and recommendations of the study form the greater part of the chapter.
- Full Text:
- Date Issued: 2008
Human rights in South African correctional centres: a case study of two correctional centres in the urban and rural areas of the Eastern Cape Province
- Authors: Spayile, S
- Date: 2008
- Subjects: Human rights -- Prisoners -- Eastern Cape , Correctional services
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11111 , http://hdl.handle.net/10353/105 , Human rights -- Prisoners -- Eastern Cape , Correctional services
- Description: This research project focuses on human rights violation in South African correctional centres. The method of research comprises interviews conducted with correctional officials and inmates. It is a case study of one correctional centre in urban and in rural area of the Eastern Cape Province. The researcher hopes that this study will be a basis for further research into the violation of human rights in South African prisons. The findings of the research indicated that the main causes of human rights violation in South African prisons are overcrowding; gangsterism; and non adherence to Departmental policies by correctional officials. Recommendations have been made that: (i) Provision of adequate prison accommodation; (ii) Upgrading training and staff development.
- Full Text:
- Date Issued: 2008
- Authors: Spayile, S
- Date: 2008
- Subjects: Human rights -- Prisoners -- Eastern Cape , Correctional services
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11111 , http://hdl.handle.net/10353/105 , Human rights -- Prisoners -- Eastern Cape , Correctional services
- Description: This research project focuses on human rights violation in South African correctional centres. The method of research comprises interviews conducted with correctional officials and inmates. It is a case study of one correctional centre in urban and in rural area of the Eastern Cape Province. The researcher hopes that this study will be a basis for further research into the violation of human rights in South African prisons. The findings of the research indicated that the main causes of human rights violation in South African prisons are overcrowding; gangsterism; and non adherence to Departmental policies by correctional officials. Recommendations have been made that: (i) Provision of adequate prison accommodation; (ii) Upgrading training and staff development.
- Full Text:
- Date Issued: 2008
Implementation of Domestic Violence Act No 116 of 1998 in South Africa: a case study of two townships in Nkonkobe Municipality District Eastern Cape Province
- Authors: Mesatywa, Nontando Jennifer
- Date: 2008
- Subjects: Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11107 , http://hdl.handle.net/10353/192 , Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Description: This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women’s perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
- Full Text:
- Date Issued: 2008
- Authors: Mesatywa, Nontando Jennifer
- Date: 2008
- Subjects: Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11107 , http://hdl.handle.net/10353/192 , Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Description: This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women’s perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
- Full Text:
- Date Issued: 2008
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