South African Bill Of Rights
Section 9 in the South African Bill of Rights specifically provides that: 9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law The Gender and Development Network defines harmful cultural and social practices as a:“… form of discrimination; they violate the human rights of affected individuals, particularly women and girls. They arise from gender inequality and discriminatory values, which lead to unequal power relations in communities and societies and to violence against women and girls. ” Convention on the Elimination of All Forms of Discrimination against Women (1980) defines it as ‘’…a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedom on a basis …show more content…
In particular, the women‘s right to dignity, mental, and physical integrity, liberty and security of the person, as well as their rights to be free of inhuman or degrading treatment and torture are breached.
South Africa is a party to several international and regional standards that prescribe human rights violations and acts of violence against women. These include: the Convention on the Elimination of All forms of Violence Against Women (CEDAW) (1996) African Charter on Human and Peoples Rights (African Charter); Protocol to the African Charter on Human and People‘s Rights on the Rights of Women in Africa South Africa is also a party to the 2004 Solemn Declaration on Gender and Equality in Africa ; and the SADC Protocol on Gender and Development . The protocol to the African Charter on human and peoples' rights on the rights of women (protocol to the african charter) article 2(1)(b) provides that
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This study found that reporting such issues would allow interventions to focus on highly prevalent practices that cause harm to children .
Nkomo S N also did a research on a critical analysis of Zimbabwe’s’ legal response to traditional cultural practices and gender based violance .Her study shows that even though there are legislatures enacted in Zimbabwe to protect women from gender based violence such violence still exists.
Marriages under African customary law in the face of the Bill of Rights and international human rights standards in Malawi by Lea Mwambene showed that some features of African customary law governing a marriage discriminates against women on the basis of their sex and these laws are in conflict with the Bill if rights and International human rights law .
The case of Nwamitwa v Shilubana the facts of the case are as follows, the case
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