Gender-based discrimination and underrepresentation of female judges in the superior courts in South Africa – a critical analysis of international and domestic laws and policies on the protection of women's rights

Stoilova, Rada

Gender-based discrimination and underrepresentation of female judges in the superior courts in South Africa – a critical analysis of international and domestic laws and policies on the protection of women's rights

Thesis / Dissertation

2024

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

Gender stereotypes, patriarchal ideologies and discriminatory cultural beliefs have resulted in continuous discrimination against women in all spheres of life. Throughout the years, women around the globe were denied basic human rights such as the rights to equality, safety, dignity, education, equal economic opportunities, and the right to vote among others. Today, despite the robust efforts under international, regional and domestic law to eliminate discrimination against women in all its forms, gender stereotypes remain the primary factor contributing to the disparity in the representation of women judges in the Superior Courts in South Africa. This dissertation examines the issues of gender-based discrimination in the appointment of female judges to the Superior Courts in South Africa and the underrepresentation of women in senior positions in the post-apartheid independent judiciary. It addresses the question of whether women in the judiciary in South Africa are adequately protected by the laws and policies enacted on an international, regional, and domestic level on the protection of women's rights and the promotion of gender equality. It argues that while significant progress has been made over the years to ensure gender diversity on the bench, women in South Africa continue to face gender based discrimination before and during judicial appointment processes in the Superior Courts and remain highly unrepresented in senior judicial positions. While the current international and regional human rights instruments provide a relatively extensive protection of women's right to equality in various spheres of life, they have omitted to address crucial factors in the achievement of gender equality in the workplace. Furthermore, South Africa has failed to fully implement de facto equality between women and men and to eliminate the key factors contributing to gender inequality on the Bench – namely, the harmful gender stereotypes and patriarchal attitudes deeply entrenched in the South African society.