Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutions (2)
- Indigenous law (2)
- South Africa (2)
- Ancestry (1)
- Child welfare (1)
-
- Children (1)
- Children's rights (1)
- Colonialism (1)
- Customary law (1)
- Democracy (1)
- Families (1)
- Feminism (1)
- Gender and law (1)
- Gracias al Sacar (1)
- Hierarchy (1)
- Legal institutions (1)
- Money (1)
- Parents (1)
- Political organization (1)
- Post-colonialism (1)
- Protection (1)
- Race and law (1)
- Racial identity (1)
- Sexism (1)
- Status (1)
- Venezuela (1)
- Whiteness (1)
- Women (1)
- Women's rights (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews
Michigan Journal of Race and Law
This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime. The author argues that, although South African women have benefited from the global …
Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana
Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana
Michigan Journal of Race and Law
This Article investigates the nature and extent of the protection granted to children's rights in the South African Constitution. It concludes that the child-centered approach of the Constitution entitles children, as independent actors, to certain fundamental rights. Acknowledging both the parent-centered nature of the existing South African legal framework and the entrenched support for practices, many rooted in indigenous law and tradition, that contribute to the oppression of children, the author argues that the constitutionalization of these rights will contribute to the betterment of children in South Africa, proving to be more than mere moral exhortation. Under apartheid in South …
Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau
Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau
Michigan Journal of Race and Law
The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase "Whiteness" from their King. The author exposes the irony of this system, developed in a society obsessed with "natural" ordering that labeled individuals according to their precise racial ancestry. While recognizing that the Gracias al Sacar provided opportunities for advancement and an avenue for material and social struggle, the author argues that it also justified the persistence of racial hierarchy. The Article concludes that the Gracias al Sacar, along with their present-day …