Monique Deveaux
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780199289790
- eISBN:
- 9780191711022
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199289790.003.0007
- Subject:
- Political Science, Democratization
Nowhere are the difficulties of protecting both the right to enjoy one’s culture and the right to sexual equality protections better illuminated than in the case of post-Apartheid South Africa. This ...
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Nowhere are the difficulties of protecting both the right to enjoy one’s culture and the right to sexual equality protections better illuminated than in the case of post-Apartheid South Africa. This chapter discusses efforts to reconcile constitutional recognition of African customary law (and to a lesser extent Muslim personal law) with formal protections for women’s sexual equality. It also presents the debate and consultations over the reform of African customary marriage (in the late 1990s in South Africa) as a good example of open-ended democratic deliberation grounded in principles of democratic legitimacy and political inclusion. It is this kind of model of deliberation that offers up the best solution to conflicts of culture, including those over gender roles, in socially plural, liberal constitutional democracies.Less
Nowhere are the difficulties of protecting both the right to enjoy one’s culture and the right to sexual equality protections better illuminated than in the case of post-Apartheid South Africa. This chapter discusses efforts to reconcile constitutional recognition of African customary law (and to a lesser extent Muslim personal law) with formal protections for women’s sexual equality. It also presents the debate and consultations over the reform of African customary marriage (in the late 1990s in South Africa) as a good example of open-ended democratic deliberation grounded in principles of democratic legitimacy and political inclusion. It is this kind of model of deliberation that offers up the best solution to conflicts of culture, including those over gender roles, in socially plural, liberal constitutional democracies.
