Il diritto consuetudinario e i diritti di genere: le lezioni del Sudafrica

Authors

  • Alessandro Magrassi

DOI:

https://doi.org/10.57660/dpceonline.2021.1272

Keywords:

CEDAW, South Africa, Customary law, Gender rights, Right to culture.

Abstract

Abstract: Customary law and gender rights: lessons from South Africa – According to most recent reports, South Africa ranks as one of the worst countries for gender inequality and gender-based violence. This is quite surprising considering that South Africa, following a constitutional transition, has introduced social and civil rights in its legal system, and has ratified several international treaties on gender equality, such as CEDAW. But why are women’s rights struggling to seep deep into the layers of the South African society? How can this process be implemented? South Africa represents an interesting case study for analyzing the challenges of applying new rights in a juridical and social context ready to approach modernity but also tightly linked to customary law and traditions. In order to bring about lasting change, seem to be necessary acting both on the social and juridical levels: on one hand, the Government should adopt legislative measures that address these specific issues, while NGOs should raise awerness among the South African population. On the other hand it is essential an interpretational approach to customary law constitutionally oriented, capable to armonizing as much as possibile the traditional culture with the new rights and the changing social awareness.

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Published

2021-04-19

How to Cite

Magrassi, A. (2021). Il diritto consuetudinario e i diritti di genere: le lezioni del Sudafrica. DPCE Online, 46(1). https://doi.org/10.57660/dpceonline.2021.1272

Issue

Section

II - Sezione Monografica

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