Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens

Tanzer, Ziona; Hasan, Tazeen

Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens

Autores

Tanzer, Ziona

Hasan, Tazeen

Editor

World Bank, Washington, DC

Descripción

Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.

Palabras clave

ADOPTION, ADVOCACY, AFRICAN STUDIES, AGE OF MARRIAGE, AMENDMENTS, APPEALS, BASIS OF SEX, BENEFIT, CAPACITY BUILDING, CASE LAW, CHILD, CHILDREN, CITIZEN, CITIZENS, CITIZENSHIP, CITIZENSHIP LAW, CIVIL LAW, CIVIL MARRIAGE, CIVIL MARRIAGES, CODES, CONSENT, CONSTITUTIONAL COURT, CONSTITUTIONS, CONTRACTS, CORRUPTION, COURT, COURT PROCEDURES, COURTS, CRIMINAL, CRIMINAL LAW, CUSTOM, CUSTOMARY LAW, CUSTOMARY LAWS, CUSTOMARY MARRIAGE, CUSTOMARY MARRIAGES, CUSTOMARY PRACTICES, DEMOCRACY, DEVELOPMENT POLICY, DEVOLUTION OF PROPERTY, DISCRIMINATION, DISCRIMINATION AGAINST WOMEN, DISCRIMINATORY CUSTOMARY LAW, DISCRIMINATORY CUSTOMARY LAWS, DISCRIMINATORY LAWS, DISCRIMINATORY TREATMENT, DISMISSAL, DIVORCE, DOMESTIC LAW, DOMESTIC VIOLENCE, DOMESTIC VIOLENCE ACT, DOMESTIC VIOLENCE AGAINST WOMEN, DOMICILE, ECONOMIC EMPOWERMENT, ECONOMIC GROWTH, ECONOMIC OPPORTUNITIES, ECONOMIC RIGHTS, ECONOMIC STATUS, EDUCATED WOMEN, ELIMINATION OF DISCRIMINATION, EMPOWERING WOMEN, EMPOWERMENT, EQUAL RIGHTS, EQUAL RIGHTS FOR WOMEN, EQUALITY BEFORE THE LAW, EVIDENCE, FAMILY, FAMILY HOME, FAMILY LAW, FAMILY MEMBERS, FAMILY PROPERTY, FEMALE, FEMALE LABOR, FEMALE LABOR FORCE, FEMALE LABOR FORCE PARTICIPATION, FEMALE STUDENT, FEMINISM, FUNDAMENTAL RIGHTS, GENDER, GENDER DISCRIMINATION, GENDER EQUALITY, GENDER GAP, GENDER GAPS, GENDER PERSPECTIVE, GENDER SENSITIVE, GENDER SENSITIVE LAWS, GENDER SENSITIVITY, GENDER SENSITIVITY TRAINING, GIRLS, GLOBAL COMMISSION, GOOD GOVERNANCE, GOVERNMENTS, GUARDIANSHIP, HEALTH CONSEQUENCES, HIV, HOMES, HOUSE, HUMAN DEVELOPMENT, HUMAN RIGHTS, HUSBAND, HUSBANDS, IMPLEMENTATION OF GENDER EQUALITY, IMPRISONMENT, INEQUALITY, INFRASTRUCTURE, INHERITANCE, INHERITANCE RIGHTS, INSTITUTIONS, INTERNATIONAL LAW, INTERNATIONAL NORMS, INTERNATIONAL TREATIES, INVESTMENT, JUDGE, JUDGES, JURISDICTION, JURISPRUDENCE, JUSTICE, KNOWLEDGE, LAW, LAW PRACTICE, LAW REFORM, LAWS, LAWYERS, LEGAL, LEGAL CAPACITY, LEGAL PERSONNEL, LEGAL REFORM, LEGAL REPRESENTATION, LEGAL RIGHTS, LEGAL SYSTEMS, LEGAL TRAINING, LEGISLATION, LEGISLATIVE REFORM, LEGITIMACY, LITIGATION, MALE HEIRS, MARITAL PROPERTY, MARRIAGE, MARRIAGE ACT, MARRIAGE LAWS, MARRIED WOMEN, MINORS, MODERNIZATION, NATIONAL PROGRESS, NATIONALS, NONDISCRIMINATION, OFFENCE, OFFENCES, PARENTS, PERSONAL PROPERTY, POLICY, POLICY DISCUSSIONS, POLICY RESEARCH, POLICY RESEARCH WORKING PAPER, POPULATION, PREFERENTIAL TREATMENT, PRINCIPLE OF EQUALITY, PRINCIPLE OF GENDER EQUALITY, PRINCIPLES OF GENDER EQUALITY, PROGRESS, PROHIBITION OF DISCRIMINATION, PROPERTY, PROPERTY LAW, PROPERTY RIGHTS, PUBLIC OPINION, PUBLIC SPHERE, RAPE, RESPECT, REVIEW, RIGHTS FOR WOMEN, RIGHTS OF WOMEN, RURAL AREAS, RURAL WOMEN, SEX, SOCIAL BURDENS, SOCIAL CHANGE, SPOUSES, TREASON, UNDP, UNITED NATIONS, UNMARRIED WOMEN, URBAN WOMEN, URBANIZATION, VICTIMS, VIOLENCE AGAINST WOMEN, WEDDINGS, WHO, WIDOW, WIDOWS, WIFE, WILL, WIVES, WOMAN, WOMEN, CEDAW