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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Domestic violence and gendered socio-economic rights: an agenda for research and activism?
Author:Bonthuys, ElsjeISNI
Year:2014
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:30
Issue:1
Pages:111-133
Language:English
Geographic term:South Africa
Subjects:domestic violence
social and economic rights
human rights
External links:https://doi.org/10.1080/19962126.2014.11865100
http://reference.sabinet.co.za/webx/access/electronic_journals/ju_sajhr/ju_sajhr_v30_n1_a6.pdf
Abstract:In South Africa, as elsewhere, intimate partner violence is legally addressed through a specific statute, the Domestic Violence Act. Although this legislation is progressive in recognising the socio-economic antecedents to and consequences of gendered violence, the implementation of the Act has been particularly ineffective in this area. Moreover, courts tend to assume that intimate partner violence would have been adequately dealt with in terms of the Act and thus to ignore its impact on other legal issues. This restricts the development of legal remedies for violence in other areas of the law, even as the remedies available under the Domestic Violence Act fail to be implemented. The South African Constitution is progressive in its commitment to gender equality, and also includes a wide range of socio-economic rights. Drawing on international literature, this article focuses on some of the socio-economic rights of the survivors of violence, such as rights to housing and employment, social security and health in order to shift the current paradigms of intimate partner violence, focused primarily on gender. It argues that such a shift can lead to a range of new remedies for survivors of gendered violence, whilst simultaneously strengthening the argument for improved implementation of the socio-economic elements already contained in the Act. Notes, ref., sum. [Journal abstract]
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