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Periodical article | Leiden University catalogue | WorldCat |
Title: | Customary law and domestic violence in rural South African communities |
Authors: | Curran, Ericka Bonthuys, Elsje |
Year: | 2005 |
Periodical: | South African Journal on Human Rights |
Volume: | 21 |
Issue: | 4 |
Pages: | 607-635 |
Language: | English |
Geographic term: | South Africa |
Subjects: | customary law domestic violence rural women Cultural Roles Law, Legal Issues, and Human Rights Marital Relations and Nuptiality |
External link: | https://doi.org/10.1080/19962126.2005.11865150 |
Abstract: | Do customary rules and forums provide women who live under customary law in South Africa, notably in the rural areas, with sufficient protection against domestic violence? There are many rules of official customary law relating to marriage and divorce and to land tenure and succession which render women vulnerable to domestic violence or which prevent them from escaping abusive relationships. However, there are also rules which protect women. Practices of 'living' contemporary customary law are often more accommodating of women's needs than the official customary law. Women who live in rural communities may choose strategically to use different legal systems and legal forums in which to pursue domestic violence claims. Besides customary institutions like the family and the traditional courts, they may also attempt to address domestic violence through the Magistrates' Courts and Community Courts. Notes, ref. [ASC Leiden abstract] |