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Gender and Justice in Multicultural Liberal States$
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Monique Deveaux

Print publication date: 2006

Print ISBN-13: 9780199289790

Published to Oxford Scholarship Online: January 2007

DOI: 10.1093/acprof:oso/9780199289790.001.0001

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Gender and Cultural Justice in South Africa

Gender and Cultural Justice in South Africa

Chapter:
(p.186) 7 Gender and Cultural Justice in South Africa
Source:
Gender and Justice in Multicultural Liberal States
Author(s):

Monique Deveaux (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199289790.003.0007

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.

Keywords:   constitutional tensions, constitutional protections, African customary law, customary law, customary marriage, sexual equality, cultural equality, democratic deliberation

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