Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens
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...
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| Format: | Policy Research Working Paper |
| Language: | English en_US |
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World Bank, Washington, DC
2014
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| Online Access: | http://documents.worldbank.org/curated/en/2013/11/18481696/womens-movements-plural-legal-systems-botswana-constitution-reform-happens http://hdl.handle.net/10986/16924 |
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okr-10986-16924 |
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| recordtype |
oai_dc |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
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Digital Repositories |
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World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English en_US |
| topic |
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 |
| spellingShingle |
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 Hasan, Tazeen Tanzer, Ziona Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens |
| geographic_facet |
Africa Botswana |
| relation |
Policy Research Working Paper;No. 6690 |
| description |
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. |
| format |
Publications & Research :: Policy Research Working Paper |
| author |
Hasan, Tazeen Tanzer, Ziona |
| author_facet |
Hasan, Tazeen Tanzer, Ziona |
| author_sort |
Hasan, Tazeen |
| title |
Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens |
| title_short |
Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens |
| title_full |
Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens |
| title_fullStr |
Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens |
| title_full_unstemmed |
Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens |
| title_sort |
women's movements, plural legal systems and the botswana constitution : how reform happens |
| publisher |
World Bank, Washington, DC |
| publishDate |
2014 |
| url |
http://documents.worldbank.org/curated/en/2013/11/18481696/womens-movements-plural-legal-systems-botswana-constitution-reform-happens http://hdl.handle.net/10986/16924 |
| _version_ |
1764434908915171328 |
| spelling |
okr-10986-169242021-04-23T14:03:33Z Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens Hasan, Tazeen Tanzer, Ziona 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 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. 2014-02-05T15:26:32Z 2014-02-05T15:26:32Z 2013-11 http://documents.worldbank.org/curated/en/2013/11/18481696/womens-movements-plural-legal-systems-botswana-constitution-reform-happens http://hdl.handle.net/10986/16924 English en_US Policy Research Working Paper;No. 6690 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Policy Research Working Paper Publications & Research Africa Botswana |