Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law

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dc.contributor.advisorBennett, Thomas Wen_ZA
dc.contributor.authorAmoah, Jewel Dee Afuaen_ZA
dc.date.accessioned2016-07-14T12:25:36Z
dc.date.available2016-07-14T12:25:36Z
dc.date.issued2016en_ZA
dc.description.abstractEquality, an ideal that like should be treated alike, lies at the heart of most national constitutions and all international human rights instruments. Despite its ancient origins, however, this principle is far from being achieved in practice. Hence, in the search for full substantive equality, critical legal scholars put forward a theory and accompanying analytical framework of intersectionality. Using South Africa as an example, this thesis examines the realisation of the constitutional promise of equality for those who have been traditionally marginalised by reason of their intersecting race and gender identities. The process of navigating this identity intersection is complicated by the cultural diversity that is a feature of South African society. The Constitution nevertheless, encourages such diversity, and goes even further to give equal recognition to the coexisting systems of common and customary law that are rooted in Western and post-colonial African cultures, respectively. It follows that a full understanding of the different legal and social contexts in which a rights claimant lives is critical to the achievement of substantive equality.en_ZA
dc.identifier.apacitationAmoah, J. D. A. (2016). <i>Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/20357en_ZA
dc.identifier.chicagocitationAmoah, Jewel Dee Afua. <i>"Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2016. http://hdl.handle.net/11427/20357en_ZA
dc.identifier.citationAmoah, J. 2016. Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Amoah, Jewel Dee Afua AB - Equality, an ideal that like should be treated alike, lies at the heart of most national constitutions and all international human rights instruments. Despite its ancient origins, however, this principle is far from being achieved in practice. Hence, in the search for full substantive equality, critical legal scholars put forward a theory and accompanying analytical framework of intersectionality. Using South Africa as an example, this thesis examines the realisation of the constitutional promise of equality for those who have been traditionally marginalised by reason of their intersecting race and gender identities. The process of navigating this identity intersection is complicated by the cultural diversity that is a feature of South African society. The Constitution nevertheless, encourages such diversity, and goes even further to give equal recognition to the coexisting systems of common and customary law that are rooted in Western and post-colonial African cultures, respectively. It follows that a full understanding of the different legal and social contexts in which a rights claimant lives is critical to the achievement of substantive equality. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law TI - Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law UR - http://hdl.handle.net/11427/20357 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20357
dc.identifier.vancouvercitationAmoah JDA. Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20357en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPublic Lawen_ZA
dc.titleConstructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary lawen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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