Socio-Economic Rights and the Challenge of Violence Against Women in South Africa

Abstract

This thesis investigates the relationship between substantive equality, gendered socio- economic rights and poor women’s vulnerability to violence in South Africa. It identifies gendered poverty and violence against women as enormous challenges that plague South Africa and explores whether better access to the goods and services guaranteed by the right of access to housing and the related services can play a role in addressing these challenges. The following research questions guide my PhD research: How can we better interpret substantive equality to centre the problem of violence against women? What is the relationship between access to the goods and services guaranteed by the right to housing and basic services and women’s vulnerability to violence? What relevant laws and policies are in place? and, can greater awareness of the need to address gender inequality and the specific needs and circumstances of women, make legislation and policies, relating to housing and basic services, more responsive to addressing poor women’s vulnerability to violence? What is a gendered interpretation of socio-economic rights? and, how can a gendered interpretation, by courts, of the right of access to housing and the accompanying basic services, and applying a gendered perspective to remedies, assist to address violence against women? And finally, what legal strategies are possible to develop these more responsive and gendered rights-based legal frameworks? This research finds that that one of the ways to address poor women’s vulnerability to violence is to better address their poverty and that there is a role for the law and courts in doing this. I specifically argue that better access to the goods and services guaranteed by the right of access to housing and related services can advance substantive equality and help to address poor women’s vulnerability to violence. I further demonstrate how gendered interpretations of socio- economic rights and paying attention to the needs and circumstances of women in legislation and policies can assist with this. In addition, I suggest that attention to how lack of proper access to housing and basic services can, itself, enhance women’s vulnerability to gender-based violence can, at times, strengthen these socio-economic rights claims. Finally, I argue that specific litigation strategies can be employed to surface the needs and circumstances of poor women and that these strategies can be used to increase the likelihood of socio-economic rights litigation resulting in social change in the lives of poor women in South Africa.