Browsing by Author "Manjoo, Rashida"
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- ItemOpen AccessChildren's rights and girl child marriages : a case study for Malawi(2016) Mkali, Theodora Talumba; Manjoo, RashidaThe harmful traditional practice of child marriage remains one of the main challenges towards the full realization and enjoyment of children's rights in Africa. In the sub-Saharan Africa alone, countries such as Malawi are faced with the problem of child marriage where as high as 40% of the women are married as children. Malawi has a substantive legal framework that affords protection and prohibits the harmful practice of child marriage. However, child marriages remain prevalent in Malawi where harmonisation of the laws is problematic. This has the effect of robbing the girl child of her childhood, access education and health among other rights that she is entitled. Addressing this problem in Malawi as a matter of urgency is crucial for the promotion, protection and realisation of children's rights, especially to the girl child. This study therefore conducts an analysis of the legal framework and contextual practice of child marriage in Malawi based on desk research of various laws in Malawi and literature. This analysis is premised on the understanding that human rights law within a legal framework plays a major role towards ensuring that young girls are protected from child marriage and its attendant consequences. This study has found that the laws of Malawi are not synchronised with each other especially with the Malawi Constitution with regard to protecting the rights. The case in point for instance is the recent passing of the Marriage, Divorce and Family Relations Act which reflects international and regional human rights standards, but is inconsistent with the Constitution of Malawi. It is recommended that Malawi should through the law address the practice of child marriage by amending the Constitution to remove any ambiguities. In this regard, creating a protective legal framework must not be done in vain. This should be supported by effective implementation of national development plans that aim to realise the rights of children, especially the girl child.
- ItemOpen AccessAn evaluation of the law and practice in Tanzania in realising the rights of vulnerable children in street situations(2015) Kisinza, Mercy-Grace Lameck; Manjoo, RashidaThis dissertation examines the plight of children in street situations in Tanzania. It also examines the obligations the State owes to children in street situations, what it has done to fulfil those obligations. It analyses the effectiveness and impact of the steps and actions undertaken to fulfil the obligations towards children in street situations.
- ItemOpen AccessGender-based violence and gender stereotyping in international law(2012) Bishop, Julia; Manjoo, RashidaAs Rashida Manjoo, the UN Special Rapporteur on violence against women, suggests, women who are empowered “understand that they are not destined to subordination and violence; they resist oppression; and they develop their capabilities as autonomous beings and they increasingly question the terms of their existence in both public and private spheres.” By altering stereotypes and empowering women, GBV could be prevented from occurring in the first place, and discrimination and inequality could be mitigated or, hopefully, eradicated. Women’s human rights, and women in general, have been consistently marginalized in international and regional binding documents. This, in many ways, is a product of the stereotype that women are less important than men, and that their rights should therefore be accorded less significance – a twisted logic that only leads to women being further marginalized. The hypothesis of this dissertation is that in order to eradicate GBV in times of so-called peace, it is essential that discriminatory stereotypes of women be altered. This dissertation will examine stereotyping as an underlying cause of GBV, and whether the international and regional normative frameworks provide sufficient protections for women in regards to GBV. There will also be discussion about whether or not States comply with the obligations that do exist, and how States have (or have not) altered the behaviours and attitudes which characterize a stereotyped view of gender roles.
- ItemOpen AccessThe global development agenda and the human rights of women in Africa(2015) Moorad, Anah Kelone; Manjoo, Rashida2015 signals the end of the Millennium Development Goals. Amidst the present reflection on, and analysis of, the progress of the implementation of the current development agenda, the draft post-2015 SDGs are in the final stages of their development. With the imminent adoption of the new goals by UN Member States in September 2015 the post-2015sustainable development agenda aims to integrate the principle of sustainability in order to continue the global drive for economic and human development within environmental limits. Through a comparative analysis of the Millennium Development Goals, the draft post-2015 Sustainable Development Goals as well as the documents that have contributed to their development, this paper critiques the manner in which the human rights of women have been, and will continue to be, addressed by the global development agenda. Additionally, using the African continent as a case study, this dissertation exposes the role played by regional political and human rights systems on the implementation of the global intention. Neglecting to adequately promote and protect the human rights of women in the continent reflects a lack of consideration for the interconnected nature of socioeconomic and environmental development and has wider consequences globally.
- ItemOpen AccessHuman rights, modernity and culture: understanding the position of lobola as a form of VAW and the current human rights normative standards and discourse on VAW(2022) Mubaiwa, Pretty; Manjoo, RashidaAs the feminist movement in Africa continues to question and dismantle long-held religious and cultural beliefs and practices, this has influenced critical debates on the validity of their co-existence with human rights norms and standards on violence against women and discrimination. This dissertation aims to critically interrogate the relationship between culture, violence against women (VAW), and women's rights in Africa. Specifically, it delves into the cultural practice of bride price (also known as Lobola) to understand whether the practice is a cause and/or consequence of VAW in family relations. This dissertation hypothesises that Lobola is both a cause and consequence of VAW and should be explicitly identified as a form of VAW, a human rights violation. This dissertation adopts a theoretical analysis using Heise's Integrated Ecological Framework (Heise's framework) on VAW, which provides a valuable tool to analyse and deconstruct the systemic causes and influences of VAW. Heise's framework is adopted to analyse how certain cultural practices at the macro systemic level may relate to and influence VAW practices. To conduct this analysis using Heise's framework, this dissertation uses available literature on previously conducted focus group discussions on experiences, opinions and perceptions of Lobola by both young people and adults. The theoretical analysis highlights a positive correlation between Lobola and the violence women face in marriage and upon divorce. However, the research also establishes that the practice of Lobola itself does not present as a form of violence against women - but because of the perceptions, beliefs, and power systems it creates, the practice becomes an aggravator of VAW. The results from the analysis show that Lobola creates rigid gender roles, skewed beliefs of entitlement and ownership of women's lives and bodies, and asymmetrical power relations that influence VAW. Since the theoretical analysis proved that Lobola aggravates the violence women face in marriage and upon divorce, the dissertation also carries out a legal analysis to understand the position of harmful practices and the legal consequences using international human rights norms and standards on women's rights and VAW. In line with fulfilling its mandate, the United Nations Committee on the Elimination of all Forms of Discrimination against Women (CEDAW Committee), after receiving four state periodic reports from Kenya, Zambia, Zimbabwe and Uganda between 2010 and 2012, in its concluding observations expressed MBWPRE001-Pretty Mubaiwa concern over the persistence of harmful traditional and cultural practices that affect women. In each instance, the Committee reiterated that Lobola is a harmful practice that aggravates discrimination against women. These concluding observations ushered in an expanded narrative on harmful traditional and cultural practices that disproportionately affect women and thus promote gender-based discrimination. Using these four case studies, this dissertation, therefore, looks at these countries' customary and civil laws to understand the legislative landscape around traditional and cultural practices. The findings include that in all four states, Lobola is required to recognise and register a customary marriage. This means that legally, Lobola is recognised as a legitimate requirement for a marriage to be recognised and registered. Additionally, an appraisal of the standard-setting frameworks protecting the right of women to be free from violence and discrimination shows that, even though there are legally binding standards and mechanisms at the regional and international levels that are mandated to protect these rights, there are normative gaps that continue to impact the protection of women from violence negatively. The CEDAW Committee has called Lobola a harmful practice. However, as the principal women's rights body within the UN system, the Committee has failed to take further steps towards standard-setting or follow-up with states to continue encouraging the elimination of this practice. This gap limits the scope for women to pursue justice when they experience multiple and intersecting forms of violence in general. This dissertation thus concludes that Lobola should be specifically recognised as a form of VAW within the realm of harmful traditional practice. It is inconsistent with the current international standards on equality, non-discrimination, and violence against women.
- ItemOpen AccessImproving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers(2016) Connan, Katie; Manjoo, RashidaThis dissertation will examine how an international and regional, legal and policy framework can be used to prevent continuing sexual exploitation and abuse by international and regional peacekeepers. It will examine what the different laws and policies contained within the framework currently articulate about sexual exploitation and abuse of women and children in peacekeeping settings, and evaluate their effectiveness at preventing this kind of misconduct. This dissertation will conclude by exploring how the effectiveness of the overall framework could be further improved.
- ItemOpen AccessProtecting the identity and other rights of children born in 'foreign lands' to irregular migrant parents(2015) Madamombe, Patience Ratidzo; Manjoo, RashidaChildren born in foreign territories to parents who are non-nationals are being deprived of the right to nationality, which in turn affects them from exercising other rights which are articulated in human rights instruments. When their births are not registered it means that they do not have birth certificates and in future they will be unable to acquire documents like identity documents and passports. Sometimes even if their births are registered, it is difficult for them to enjoy the other rights because national laws do not accommodate them. Even though all children's rights should be equally protected, this research will focus on children born to at least one parent who is an irregular migrant, and will analyse how this affects their access to the rights to education and health.
- ItemOpen AccessReproductive autonomy and choice a reality for women in South Africa?(2013) Lomelin, Jessica; Manjoo, Rashida
- ItemOpen AccessThe impact of electoral gender quotas on women’s representation in legislative decision-making bodies(2019) Demir, Didem; Manjoo, RashidaTo overcome gender bias and long-standing inequalities, more than 110 countries worldwide are reported to practice gender quotas in some form. Nonetheless, electoral quotas are not uncontroversial, despite their political appeal and common adoption. Critics note that such measures run a danger of bringing to office individuals who lack the necessary qualifications and who may then be easily manipulated. Supporters in comparison argue that empowering members of groups who have historically been disadvantaged can result in more inclusive processes of policy-making - drawing in those previously excluded and enhancing the universality of legislative perspectives. This can change the outcomes from political decision-making to the extent that it improves access to public goods by those who had earlier been excluded or marginalised. The majority of comparative literature on women’s representation has argued that more inclusive and diverse legislatures are fundamental for the democratic legitimacy of elected bodies, primarily because they provide a voice for historically underrepresented groups. Studies also suggest that female participation in legislative processes helped to overcome gender bias in access to specific services and that female legislators tended to allocate more funds to causes important to women. In light of these arguments, the question remains one to discuss and opine on: are specific gender quotas the adequate instrument to give women access to power in order to achieve the ultimate goal of gender equal participation in decision-making processes? Furthermore, this dissertation aims to answer the question whether electoral gender quotas have an impact on policy outcomes enhancing women’s life and on women’s representation in a broader sense.
- ItemOpen AccessThe role of national human rights institutions in promoting and protecting the rights of refugees: the case of South Africa and Kenya(University of Cape Town, 2020) John-Langba, Vivian Nasaka; Manjoo, RashidaThe apparent normative and implementation gaps within the international refugee protection regime suggest the need to reform its implementation and accountability processes. Increasingly, the focus is being shifted to local or domestic actors to attempt to address the challenges faced in realising refugee rights effectively. Among the key domestic accountability actors for the realisation of rights, are national human rights institutions (NHRIs). NHRIs are considered a bridge between the international and domestic human rights systems. NHRIs act as entities that facilitate the diffusion of international human rights norms and standards, including those with respect to refugee rights, into the national spheres. Notwithstanding this, there is paucity in empirical evidence within the refugee rights discourse on the role that NHRIs can play to promote the effective realisation of refugee rights. This study explores the role that NHRIs in South Africa and Kenya play in promoting and protecting refugee rights. It utilises a non-doctrinal and qualitative research approach, to examine the extent to which the NHRIs engage with refugee rights and to explore their capacity to do so effectively. It situates NHRIs within the nexus between international human rights law and international refugee law to frame the understanding for their role within the refugee protection regime. The findings indicate that the NHRIs in South Africa and Kenya that are compliant with the Paris Principles display significant engagement with refugee rights promotion and protection. As accountability mechanisms, they have contributed to the development and implementation of domestic refugee law and policy in accordance with international norms and standards. This has occurred despite the lack of an explicit refugee rights' promotion and protection mandate, but they face barriers and challenges. Various underlying factors that impede their effectiveness to address refugee rights were identified. These included the sociopolitical contexts within which they operate, capacity constraints and invisibility within the refugee protection regime. The socio-political challenges included xenophobia and the securitisation of the asylum space. These compounded organisational and operational weaknesses such as scarce specialist skills in refugee law, limited financial resources, and the absence of strategic and sustained partnerships for refugee rights protection. The overall absence of norms for NHRI engagement with refugee rights was identified as a contributory factor for the lack of a coherent approach for promoting and protecting these rights. Possible avenues to enhance NHRI engagement with refugee rights were identified. For instance, NHRIs building partnerships for refugee rights promotion and protection with CSOs, the UNHCR and regional institutions based on a clear understanding of an NHRI's role as accountability mechanisms. For NHRIs, the imperative lies in building their capacity to address refugee rights to ensure a clear understanding of what the promotion and protection of these rights entails.