Abstract
SUMMARY South Africa lags behind with regard to an effective framework supporting substantive equality in the legal profession. The structure of the legal profession and the number of women represented in the legal profession do not as yet reflect the diversity of South African society. A number of factors play a role in the skewed representation of female attorneys and advocates in the legal profession. In addition, formal equality cannot translate into gender transformation, as the issues that cause such inequalities extend beyond the scope of attaining sameness. International instruments suggest that special measures be adopted to achieve substantive equality specifically with regard to the role of women in the workplace. This article analyses the current composition of the legal profession from the perspective of gender and race, while promoting the concept of substantive equality as a preferred approach to gender transformation in the legal profession. It considers the theoretical framework for gender equality as a human right in South Africa by examining relevant legislation and international and regional instruments, and analysing the extent to which the Cape Bar maternity policy, as an existing transformation initiative, implemented on the basis of a gender stereotype, encourages substantive gender transformation in the legal profession. Key words: gender equality; human rights; legal profession; substantive equality; formal equality; gender transformation; gender stereotypes
Highlights
The structure of the legal profession and the number of women represented in the legal profession do not as yet characterise the diversity of South African society.[1]
This article analyses the current composition of the legal profession from the perspective of gender and race, while promoting the concept of substantive equality as a preferred approach to gender transformation in the legal profession. It considers the theoretical framework for gender equality as a human right in South Africa by examining relevant legislation and international and regional instruments, and analysing the extent to which the Cape Bar maternity policy, as an existing transformation initiative, implemented on the basis of a gender stereotype, encourages substantive gender transformation in the legal profession
Formal equality cannot translate into gender transformation of the legal profession, as the issues causing such inequalities extend beyond the scope of attaining sameness
Summary
The structure of the legal profession and the number of women represented in the legal profession do not as yet characterise the diversity of South African society.[1]. As applicable to the judiciary, has several meanings as expressed in legal writing.[9] Moerane notes various opinions on the meaning of transformation These include that judicial appointees espouse and promote the values enshrined as fundamental in the Constitution of the Republic of South Africa, 1996 (Constitution); the process of fostering a culture of accountability among the judiciary; the process whereby the courts are made more accessible to litigants and other court users; the reorganising and re-engineering of the structures and branches of the judiciary; and an evolution of the way in which judges perform their work.[10] This article adopts the definition of transformation of the judiciary as a process whereby the appointment of judges reflects the broad composition of South African society, with regard to gender.[11] It analyses the current composition of the legal profession from the perspective of gender and race, while promoting the concept of substantive equality as a preferred approach to gender transformation in the legal profession. The General Council of the Bar of South Africa’s membership statistics as at 30 April 2017 demonstrate that
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