Abstract
Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!
Highlights
The citizens of what is known as the Republic of South Africa have been governed by what is commonly referred to as customary law, or ‘traditional law’[1]
This article focuses on the following research question: What does the human right to gender equality entail and how does this affect the role of customary law regarding gender relations in South Africa?
In light of the above, it is surprising that in its submission[82] against the Traditional Courts Bill the Women’s Legal Centre does not draw on Article 5(a) of the CEDAW, which states: “States Parties shall take all appropriate measures (a) [t]o modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women”[83]
Summary
The citizens of what is known as the Republic of South Africa have been governed by what is commonly referred to as customary law, or ‘traditional law’[1]. Due to its specific regard for African norms and values, particular attention will be given to the Banjul Charter This will be followed by a summary of the dispute regarding the Bill’s presumed and actual effects as a basis for a final discussion on the extent to which the Traditional Courts Bill may be regarded as a legislative reform in violation of South Africa’s international obligations. This discussion will include a brief, normative note on how customary law is to be dealt with in relation to ‘universal’ human rights obligations
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