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Asiphakame
A nice short summary of legal rights of women in South Africa.
South African women are guaranteed extensive legal rights under the Constitution, which is the supreme law of the land, explicitly prohibiting discrimination on the grounds of gender, sex, pregnancy, or marital status.
These fundamental rights are further protected and advanced by specific national legislation and supported by various state institutions.
Core Constitutional Rights
The South African Constitution's Bill of Rights ensures that all women have the following fundamental rights:
Equality
Everyone is equal before the law and has the right to equal protection and benefit of the law, with specific protection against unfair discrimination based on gender or sex.
Human Dignity
The right to inherent dignity and to have their dignity respected and protected.
Life
The right to life is guaranteed for everyone.
Freedom and Security of the Person
This includes the right to be free from all forms of violence, whether from public or private sources, and the right to bodily and psychological integrity, including making decisions concerning reproduction.
Key Legislation Advancing Women's Rights
Several key Acts of Parliament have been enacted to give effect to these constitutional principles and address historical disadvantages:
Domestic Violence Act 116 of 1998
This law protects women from various forms of domestic abuse (physical, sexual, emotional, economic, and psychological).
It allows victims to obtain a protection order from a Magistrate's Court, which can compel an abuser to stop the abusive behavior or stay away.
Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007
This Act deals with all legal aspects of sexual offenses under one statute, aiming to provide comprehensive legal recourse for victims of rape and sexual assault.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA)
This broad legislation provides a framework to tackle unfair discrimination in all sectors of society, including employment, healthcare, and housing, and established dedicated Equality Courts to handle related cases.
Employment Equity Act 55 of 1998
This Act aims to eliminate discrimination in the workplace and promote equal opportunities and equitable representation for women (and other disadvantaged groups) through affirmative action measures.
It also requires employers to create an environment free from sexual harassment.
Recognition of Customary Marriages Act 120 of 1998
This legislation gives full legal recognition to customary marriages and provides spouses in such marriages with equal status and capacity, enabling women to acquire and dispose of property and ensuring inheritance rights.
Choice on Termination of Pregnancy Act 92 of 1996
This Act recognises women's reproductive health rights, allowing women to terminate a pregnancy in the first 12 weeks upon request, and under specific conditions thereafter.
Maintenance Act 99 of 1998
This law strengthens the legal mechanisms to ensure that parents (typically fathers) provide financial support for their children, allowing for automatic salary deductions or property seizure in cases of non-payment.
Support Structures
Several institutions are in place to support women in exercising their rights:
The Commission for Gender Equality (CGE) is a state institution mandated to monitor, investigate, research, educate, and lobby on issues concerning gender equality.
The South African Human Rights Commission (SAHRC) also investigates grievances related to human rights violations, including those affecting women.
Equality Courts are designated Magistrate's Courts that hear cases of discrimination.
Source: Good old Fashioned Google 😊
In short, if you as a South African or non South African man refuse to acknowledge and uphold the various laws protecting women, you should evaluate where you are with your values or not be applying for a permit nor residing in South Africa!
We live in the 21st century and not the 16th Century where men walked all over women.
Like, comment, share with someone who needs to hear this today.
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