Polygamy in the recognition of Customary Marriages Act:
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141809 , vital:38006 , DOI: 10.1080/10130950.2009.9676275
- Description: The Recognition of Customary Marriages Act (RCMA) 1998, recognises customary marriages which are “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa” including polygamous marriages. The Act arises in the context of South Africa's Constitution which bans discrimination on grounds of culture and sexual orientation and allows for heterogeneity in its definitions of marriage and the family. A pluralist approach to family jurisprudence, however, is sometimes conceived of as setting up an irresolvable tension between the constitutional commitment to gender equality and protection for patriarchal prerogatives sanctioned by customary law. The fact that rights sometimes collide with one another is one of the reasons why it is impossible always to treat rights as absolute. When rights clash the question that arises is which of the rights that find themselves in tension with one another should give way and why?
- Full Text:
- Date Issued: 2011
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141809 , vital:38006 , DOI: 10.1080/10130950.2009.9676275
- Description: The Recognition of Customary Marriages Act (RCMA) 1998, recognises customary marriages which are “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa” including polygamous marriages. The Act arises in the context of South Africa's Constitution which bans discrimination on grounds of culture and sexual orientation and allows for heterogeneity in its definitions of marriage and the family. A pluralist approach to family jurisprudence, however, is sometimes conceived of as setting up an irresolvable tension between the constitutional commitment to gender equality and protection for patriarchal prerogatives sanctioned by customary law. The fact that rights sometimes collide with one another is one of the reasons why it is impossible always to treat rights as absolute. When rights clash the question that arises is which of the rights that find themselves in tension with one another should give way and why?
- Full Text:
- Date Issued: 2011
Seducing the people: populism and the challenge to democracy in South Africa
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141668 , vital:37995 , DOI: 10.1080/02589001.2011.533056
- Description: Recent ructions in South Africa's ruling African National Congress have been described from time to time in the media as signalling a dangerous shift towards ‘populism’. The article examines this contention. It argues that South Africa is witnessing a significant challenge to the founding precepts of constitutional democracy. This challenge emanates from the (populist) equation of democracy with ‘the will of the people’. The article unpacks some of the implications of reducing democracy to majoritarianism. It provides also an analysis of why populist appeals of various kinds have been so appealing to South African voters 15 years into democracy. The article argues that the challenges that are currently being experienced in relation to democratisation in South Africa have to do with the inherent tension between the animating ideology of democracy, which suggests that power resides with the people, and the practical functioning of democracy, which relies on the devolution of power to the representatives chosen by a section of the people who rely on order and predictability in the polity in order to govern in a workable way. Populist appeals, it is argued, exploit this tension. But what makes it possible for this strategy to succeed is the failure on the part of political elites to engage in the process of building democracy by way of inculcating respect for democratic values.
- Full Text:
- Date Issued: 2011
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141668 , vital:37995 , DOI: 10.1080/02589001.2011.533056
- Description: Recent ructions in South Africa's ruling African National Congress have been described from time to time in the media as signalling a dangerous shift towards ‘populism’. The article examines this contention. It argues that South Africa is witnessing a significant challenge to the founding precepts of constitutional democracy. This challenge emanates from the (populist) equation of democracy with ‘the will of the people’. The article unpacks some of the implications of reducing democracy to majoritarianism. It provides also an analysis of why populist appeals of various kinds have been so appealing to South African voters 15 years into democracy. The article argues that the challenges that are currently being experienced in relation to democratisation in South Africa have to do with the inherent tension between the animating ideology of democracy, which suggests that power resides with the people, and the practical functioning of democracy, which relies on the devolution of power to the representatives chosen by a section of the people who rely on order and predictability in the polity in order to govern in a workable way. Populist appeals, it is argued, exploit this tension. But what makes it possible for this strategy to succeed is the failure on the part of political elites to engage in the process of building democracy by way of inculcating respect for democratic values.
- Full Text:
- Date Issued: 2011
Shaking a hornets' nest: pitfalls of abortion counselling in a secular constitutional order–a view from South Africa
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141521 , vital:37982 , DOI: 10.1080/13691058.2011.627469
- Description: There exists an enormous gulf between the aspirations of South Africa's abortion legislation – among the most liberal in the world – and its implementation. One weakness in the provision of abortion services in South Africa is the absence of comprehensive abortion counselling services. On the face of it, the idea that counselling ought, as a matter of course, to be a significant component of a country's termination of pregnancy service provision, seems both straightforwardly sensible and politically innocent. This paper describes how abortion counselling has historically, in many different contexts, been saturated with questionable assumptions about women and their bodies. Counselling has more often than not been deployed, either as the formal policy of states or through informal mechanisms, as a means of curbing the right to abortion rather than deepening the meaning of that right. Differing approaches to counselling emerge as a reflection of contestations over reproductive and gender politics. Specifying an appropriate model for the provision of state-sponsored abortion counselling in the public health sector of a secular constitutional state provokes more of a hornet's nest of dilemmas than is sometimes supposed.
- Full Text:
- Date Issued: 2011
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141521 , vital:37982 , DOI: 10.1080/13691058.2011.627469
- Description: There exists an enormous gulf between the aspirations of South Africa's abortion legislation – among the most liberal in the world – and its implementation. One weakness in the provision of abortion services in South Africa is the absence of comprehensive abortion counselling services. On the face of it, the idea that counselling ought, as a matter of course, to be a significant component of a country's termination of pregnancy service provision, seems both straightforwardly sensible and politically innocent. This paper describes how abortion counselling has historically, in many different contexts, been saturated with questionable assumptions about women and their bodies. Counselling has more often than not been deployed, either as the formal policy of states or through informal mechanisms, as a means of curbing the right to abortion rather than deepening the meaning of that right. Differing approaches to counselling emerge as a reflection of contestations over reproductive and gender politics. Specifying an appropriate model for the provision of state-sponsored abortion counselling in the public health sector of a secular constitutional state provokes more of a hornet's nest of dilemmas than is sometimes supposed.
- Full Text:
- Date Issued: 2011
South Africa’s Abortion Values Clarification Workshops: an opportunity to deepen democratic communication missed
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141981 , vital:38021 , DOI: 10.1177/0021909610396161
- Description: A rich literature exists on local democracy and participation in South Africa. While the importance of participation is routinely built into the rhetoric of government, debate has increasingly focused on the dysfunctionality of participatory mechanisms and institutions in post-apartheid South Africa. Processes aimed ostensibly at empowering citizens, act in practice as instruments of social control, disempowerment and cooptation. The present article contributes to these debates by way of a critique of the approach used by the South African state, in partnership with the non-governmental sector, in what are called abortion ‘values clarification’ (VC) workshops. This article examines the workshop materials, methodology and pedagogical tools employed in South African abortion VC workshops which emanate from the organization Ipas — a global body working to enhance women’s sexual and reproductive rights and to reduce abortion-related deaths and injuries. VC workshops represent an instance of a more general trend in which participation is seen as a tool for generating legitimacy and ‘buy-in’ for central state directives rather than as a means for genuinely deepening democratic communication.
- Full Text:
- Date Issued: 2011
- Authors: Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141981 , vital:38021 , DOI: 10.1177/0021909610396161
- Description: A rich literature exists on local democracy and participation in South Africa. While the importance of participation is routinely built into the rhetoric of government, debate has increasingly focused on the dysfunctionality of participatory mechanisms and institutions in post-apartheid South Africa. Processes aimed ostensibly at empowering citizens, act in practice as instruments of social control, disempowerment and cooptation. The present article contributes to these debates by way of a critique of the approach used by the South African state, in partnership with the non-governmental sector, in what are called abortion ‘values clarification’ (VC) workshops. This article examines the workshop materials, methodology and pedagogical tools employed in South African abortion VC workshops which emanate from the organization Ipas — a global body working to enhance women’s sexual and reproductive rights and to reduce abortion-related deaths and injuries. VC workshops represent an instance of a more general trend in which participation is seen as a tool for generating legitimacy and ‘buy-in’ for central state directives rather than as a means for genuinely deepening democratic communication.
- Full Text:
- Date Issued: 2011
When breast is not best: young women and breast reduction surgery
- Lamb, Tessa, Vincent, Louise
- Authors: Lamb, Tessa , Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141832 , vital:38008 , DOI: 10.1080/10130950.2011.610978
- Description: Most cosmetic surgery patients in South Africa are younger than 21, and in this focus we examine narrative accounts from young South African women who have chosen to undergo cosmetic breast reduction surgery. Feminist debates on cosmetic surgery have focused on the question of whether to regard women who modify their bodies in this way as active agents engaged in liberatory ‘body projects’, or whether such projects are evidence of their subjection to oppressive stereotypes and beauty norms. The latter perspective is challenged here by the participants’ characterisation of breast reduction surgery as profoundly ‘freeing’. The article deals in particular with the conscious choice of participants to knowingly risk not being able to breastfeed children in future in order to achieve a body type which conforms to their understanding of youthful beauty and sexuality.
- Full Text:
- Date Issued: 2011
- Authors: Lamb, Tessa , Vincent, Louise
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141832 , vital:38008 , DOI: 10.1080/10130950.2011.610978
- Description: Most cosmetic surgery patients in South Africa are younger than 21, and in this focus we examine narrative accounts from young South African women who have chosen to undergo cosmetic breast reduction surgery. Feminist debates on cosmetic surgery have focused on the question of whether to regard women who modify their bodies in this way as active agents engaged in liberatory ‘body projects’, or whether such projects are evidence of their subjection to oppressive stereotypes and beauty norms. The latter perspective is challenged here by the participants’ characterisation of breast reduction surgery as profoundly ‘freeing’. The article deals in particular with the conscious choice of participants to knowingly risk not being able to breastfeed children in future in order to achieve a body type which conforms to their understanding of youthful beauty and sexuality.
- Full Text:
- Date Issued: 2011
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