Constitutionalizing Difference: A Case Study Analysis of Gender Provisions in Botswana and South Africa

Exploring the Gap Between Male and Female Employment in the South African Workforce

“…In this regard, the Constitution, 1996 highlights equality as the full and equal enjoyment of all rights and freedoms. The adoption of the Constitution was a vital step towards a strategy to address historic legacies of inequalities between men and women in South Africa (Scribner and Lambert, 2010). Similarly, Bauer and Taylor (2005:249) add that 'the South African Constitution incorporates individual rights along with a wide array of social and cultural rights, and establishes a clear commitment to overcoming past injustices, while recognising diversity'.…”

Examining the Evidence of the Feminization of Poverty in Botswana

“…Due to socio-cultural and political issues in Botswana, women bear the brunt of poverty more than men for several reasons. For example, Botswana is said to have a society and a legal system which are highly discriminatory to women (Scribner & Lambert, 2010). Furthermore, Botswana has been defined as a highly patriarchal society, and Tswana culture tends to disadvantage women over men.…”

Where do Women Stand? New Evidence on the Presence and Absence of Gender Equality in the World's Constitutions

“…In Botswana, Unity Dow successfully leveraged the constitution's sole protection of equal rights based on sex to challenge the Citizenship Act of 1982. The Act stipulated that female citizens whose husbands were noncitizens could not pass citizenship onto their children, whereas male citizens married to noncitizens did not face the same restriction (Scribner and Lambert 2010). The High Court and the Court of Appeals ruled that the Citizenship Act was unconstitutional because it discriminated on the basis of gender.…”

“…Most significantly where women's rights are concerned, constitutional protections can be a catalyst for action and provide a legal foundation for citizens to advance equality and combat discrimination. Although the discrepancy between rights protections and implementation has raised concerns about the extent to which the commitments entrenched in constitutions and amendments are translated into outcomes on the ground (Cross 1999; Davenport 1996; Keith 2002; Keith, Tate, and Poe 2009; Pritchard 1986; Strauss 2001), evidence from around the world demonstrates that the constitutional framework or “building blocks” in place can significantly bolster or hinder movements to promote gender equality (Scribner and Lambert 2010; Waylen 2007, 203).…”