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
| dc.contributor.advisor | Mesthrie, Sapna | |
| dc.contributor.author | Stoilova, Rada | |
| dc.date.accessioned | 2025-04-08T11:19:18Z | |
| dc.date.available | 2025-04-08T11:19:18Z | |
| dc.date.issued | 2024 | |
| dc.date.updated | 2025-04-07T08:37:45Z | |
| dc.description.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. | |
| dc.identifier.apacitation | Stoilova, R. (2024). <i>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</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/41364 | en_ZA |
| dc.identifier.chicagocitation | Stoilova, Rada. <i>"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."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2024. http://hdl.handle.net/11427/41364 | en_ZA |
| dc.identifier.citation | Stoilova, R. 2024. 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. . University of Cape Town ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/41364 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Stoilova, Rada AB - 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. DA - 2024 DB - OpenUCT DP - University of Cape Town KW - Gender stereotypes KW - patriarchal ideologies KW - discriminatory cultural beliefs LK - https://open.uct.ac.za PB - University of Cape Town PY - 2024 T1 - 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 TI - 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 UR - http://hdl.handle.net/11427/41364 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/41364 | |
| dc.identifier.vancouvercitation | Stoilova R. 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. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2024 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/41364 | en_ZA |
| dc.language.iso | en | |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject | Gender stereotypes | |
| dc.subject | patriarchal ideologies | |
| dc.subject | discriminatory cultural beliefs | |
| dc.title | 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 | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | MA |