case study on gender based violence in south africa

Addressing Gender-Based Violence Epidemic Through Criminal Justice: A Case Study of South Africa and the DRC

First Online: 28 November 2021

Cite this chapter

case study on gender based violence in south africa

Matadi M. Tholaine 3 &
Lizelle Ramaccio Calvino 3

Part of the book series: Sustainable Development Goals Series ((SDGS))

559 Accesses

2 Citations

Violence against women and girls is pervasive around the world with one in every three females experiencing gender-based violence (GBV) in their lifetime. Consequently, the global community has made it a priority to eliminate all practices of GBV and acknowledged that in terms of the 1993 Declaration on the Elimination of Violence Against Women (DEVAW) that violence against women is a manifestation of historically unequal power relations between men and women. The main international instrument in furthering women’s rights and eliminating all forms of discrimination against women and girls is contained in the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This convention establishes an international bill of rights for women, as well as an agenda for action by State Parties to guarantee the enjoyment of those rights. The commitment to eradicate discrimination and GBV is also emphasised by the UN in their universal Sustainable Development Goals which aims to eliminate all forms of violence against women by 2030. At the regional level, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) reiterates the importance of eradicating GBV and discrimination. For purposes of the chapter, South Africa and the DRC have been selected. As State Parties to the above-mentioned international and national conventions and protocols, these countries have committed themselves to enact, implement and monitor legislation addressing GBV at domestic levels respectively. In addition, to the aforesaid, both these countries experience cultural, social and traditional factors that may influence and possibly perpetuate the social acceptance of GBV. In this regard, it is submitted that the poor implementation of legislation and the failure of the criminal justice system to protect victims still have a huge impact on the high level of GBV cases in both countries. Thus, applying doctrinal research through the lens of feminist legal theory, this chapter reveals that the criminal justice system in both countries needs to be revisited. The chapter concludes with recommendations for a multi-sectorial approach to GBV.

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Ending Gender-Based Violence in Kyrgyzstan: Reflections on the Spotlight Initiative

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Matadi M. Tholaine & Lizelle Ramaccio Calvino

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Correspondence to Matadi M. Tholaine .

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Faculty of Law, Rhodes University, Grahamstown/Makhanda, South Africa

Emma Charlene Lubaale

Faculty of Law, Centre for Human Rights, University of Pretoria, Pretoria, Hatfield, South Africa

Ashwanee Budoo-Scholtz

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Tholaine, M.M., Calvino, L.R. (2022). Addressing Gender-Based Violence Epidemic Through Criminal Justice: A Case Study of South Africa and the DRC. In: Lubaale, E.C., Budoo-Scholtz, A. (eds) Violence Against Women and Criminal Justice in Africa: Volume I. Sustainable Development Goals Series. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-75949-0_3

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DOI : https://doi.org/10.1007/978-3-030-75949-0_3

Published : 28 November 2021

Publisher Name : Palgrave Macmillan, Cham

Print ISBN : 978-3-030-75948-3

Online ISBN : 978-3-030-75949-0

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