Abstract
South Africa is a country that reflects the dilemma and difficulties faced by a developing country which is attempting to achieve gender equality and the protection of women’s human rights in the face of a massive legacy of both racial and gender discrimination and oppression. The promotion of gender equality and the prohibition of gender-based discrimination are addressed in both constitutional and legislative measures, and also separate structures to support this objective. Debates are currently taking place, both inside and outside government, about the necessity for establishing separate commissions like the Commission for Gender Equality (CGE) and the South African Human Rights Commission (SAHRC), amongst others. This paper critically examines the functioning of the CGE within the context of rising concerns about gender mainstreaming and its impact. This paper maintains that constitutional provisions and institutions assist in mainstreaming and making visible the issue of women’s emancipation and gender equality.
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