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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Democracy, the family and the African Charter on Human and Peoples' Rights
Author:Murray, C.
Year:1992
Periodical:Annual conference - African Society of International and Comparative Law
Volume:4
Pages:187-198
Language:English
Geographic term:South Africa
Subjects:African agreements
human rights
women
African Charter on Human and Peoples' Rights
Abstract:This paper is concerned with one particular issue that might arise if South Africa were to ratify the African Charter on Human and Peoples' Rights and that is, the implications of the manner in which it protects the family. The paper argues that it is not clear that South Africa can commit itself to the principles relating to the family in the Banjul Charter. It suggests that there is a tension between the Charter's commitment to a notion of the family as 'custodian of morals and traditional values recognized by the community' and an anticipated commitment in South Africa to gender equality in a fully democratic State. The Banjul Charter's approach to family rights not only leads one to question its commitment to substantial equality between men and women, it also runs the risk of undermining attempts to establish a vigorous democracy in South Africa in which women and men participate fully. The argument of the paper is that it must always remain possible to demonstrate that a particular family form or a particular aspect of it is inimical to the interests of women. The approach of the African Charter seems to exclude this because it asserts the validity of traditional family values as presuppositions instead of allowing them to be challenged. Notes, ref.
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