UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

Authors

  • T N Sithole University of Limpopo
  • Kgothatso B Shai University of Limpopo

DOI:

https://doi.org/10.25159/1727-7140/1927

Keywords:

Women’s rights, children’s rights, human rights, South Africa, CEDAW, CRC

Abstract

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

References

Abraham, M., Chow, E. N., Alupranti, L. M., and Tastsoglou, E. 2010. Contours of Citizenship: Women, Diversity and Practices of Citizenship. Burlington: Ashgate Publishing Company.

Achilihu, S. N. 2010. Do African Children Have Rights? A Comparative and Legal Analysis of the United Nations Convention on the Right of Child. Boca Raton: Universal Publishers.

Annan, Kofi. UN Secretary-General. Available at: http://www.betterworld.net/quotes/children-quotes.htm (accessed 18 March 2017).

Armstrong, K. 2006. South Africa, Lesotho and Swaziland. Hong Kong: Lonely Planet Publications.

Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). http://www.acts.co.za/constitution_of_/constitution_of_the_republic_o (accessed 18 March 2017)

Dutschke, M., and Monson, J. 2008. “Children’s Constitutional Right to Social Services.†http://www.ci.org.za/depts/ci/pubs/pdf/general/gauge2007/part_two/social_services.pdf (accessed 5 May 2014).

Ebbe, O. N. I., and Das, D. K. 2010. Criminal Abuse of Women and Children: An International Perspective. New York: CRC Press. DOI: https://doi.org/10.1201/9781420088045

Goredema, R. N. 2009. Women and Rhetoric in South Africa: Understanding Feminism and Militarism. Cape Town: University of Cape Town.

Human Rights Watch. 2001. Scared at School: Sexual Violence Against Girls in South African Schools. Brussels: Human Rights Watch.

Human Rights Watch. 2010. World Report: Events of 2009. New York: Human Rights Watch.

Human Sciences Research Council (HSRC). 2008. “Measuring Child Poverty in South Africa.†http://www.hsrc.ac.za/HSRC_Review_Article-132.phtml (accessed 21 May 2014).

Keightley, R. 1996. Children’s Rights. Cape Town: Juta.

Leisure, S. 2012. Living in South Africa and Women's Rights. Cape Town: Human Rights Watch.

Liebenberg, S. 2000. Human Development and Human Rights: South African Country Study. Cape Town: University of the Western Cape.

Maluleke, M. J. 2012. “Culture, Tradition, Custom, Law and Gender Equality.†Potchefstroom Electronic Law Journal. 15 (1): 2–22. DOI: https://doi.org/10.4314/pelj.v15i1.1

Manby, B., and Human Rights Watch. 1995. Violence against Women in South Africa: The State Response to Domestic Violence and Rape. London: Human Rights Watch.

Martin, P., and Mbambo, B. 2011. An Exploratory Study on the Interplay between African Customary Law and Practices and Children’s Protection Rights in South Africa: A study Commissioned by Save the Children Sweden Southern Africa Regional Office. Cape Town: Save the Children.

Mbuya, J. C. 2009. The Cycle of Abuse: Women and Child Abuse. Cape Town: MP Publications.

Mesatywa, J. N. 1999. A Qualitative Exploration of the Experience of Black Women in Violent Relationships. Grahams Town: Rhodes University.

Mubangizi, J. C. 2004. The Protection of Human Rights in South Africa: A Legal and Practical Guide. Lansdowne: Juta. DOI: https://doi.org/10.4314/jjs.v29i1.27158

Murray, C., and O’Sullivan, M. 2005. Advancing Women’s Rights. Cape Town: Juta.

Oyelade, O. S. 1996. Women’s Rights in Africa: Myth or Reality. Ife: Obafemi Awolowo University.

Peters, J., and Wolper, A. 1995. Women’s Rights, Human Rights: International Perspectives. London: Routledge.

Richter, L. M., and Dawes, A. R. L. 2008. “Child Abuse in South Africa: Rights and Wrongs.†Journal of Child Abuse Review, 17 (2): 79–93. DOI: https://doi.org/10.1002/car.1004

Robinson, J. A. 2003. “Children’s Rights in the South-African Constitution.†http://www.ajol.info/index.php/pelj/article/viewFile/43475/27010 (accessed 5 May 2014).

Shai, K. B., and Mothibi, K. A. 2015. “Describing pre-2009 Xenophobic Violence in South Africa: A Human Rights Perspective.†In African Governance: Society, Human Migration, State, Xenophobia and Business Contestations, edited by Sebola, M. P., Tsheola, J. P., and Mafunisa, M. J. Conference Proceedings, 4th SAAPAM Limpopo Chapter Annual Conference, 28–30 October 2015.

Swart, I., and Yates, H. 2006. “The Rights of Children: A New Agenda for Practical Theology in South Africa.†Journal of Religion and Theology, 13 (3/4): 314–340. DOI: https://doi.org/10.1163/157430106779024635

Udogu, E. I. 2014. Examining Human Rights Issues and the Democracy Project in Sub-Saharan Africa: A Theoretical Critique and Prospects for Progress in the Millennium. Lanham: Lexington Books.

UNICEF. 2011. “UNICEF in Ghana: The Millennium Development Goals.†http://www.unicef.org/B615E175-2752-41BA-9649 6D56870DDA7F/FinalDownload/DownloadIdCC466B80826829E69EB193FB243C2C1/B615E175-2752-41BA-9649-6D56870DDA7F/wcaro/english/UNICEF_in_Gh ana_summary.pdf (accessed 6 April 2014).

United Nations UDHR. 1948. The Universal Declaration of Human Rights. Proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A). http://www.un.org/en/universal-declaration-human-rights/ (accessed 18 March 2017).

United Nations CEDAW. 1979. United Nations Human Rights Office of the High Commissioner. Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx (accessed 18 March 2017).

United Nations CRC. 1989. United Nations Human Rights Office of the High Commissioner. Convention on the Rights of the ChildAdopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, in accordance with article 49. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx (accessed 18 March 2017).

United Nations. 2013. “Atrocious Rape and Murder shows Need for Comprehensive Approach to sexual violence in South Africa: Pillay.†http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12978&LangID=E (accessed 22 March 2016).

US State Department. 2010. 2010. “Country Reports on Human Rights.†http://www.state.gov/j/drl/rls/hrrpt/2010/ (accessed 22 March 2016).

Published

2017-03-28

How to Cite

Sithole, T N, and Kgothatso B Shai. 2016. “UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA”. Commonwealth Youth and Development 14 (2):109-20. https://doi.org/10.25159/1727-7140/1927.

Issue

Section

Articles
Received 2016-11-16
Accepted 2016-11-17
Published 2017-03-28