Gender inequality in Lesotho : the right of succession to chieftainship

Show simple item record

dc.contributor.advisor Hansungule, Michelo en
dc.contributor.postgraduate Metsing, Nthatisi E. en
dc.date.accessioned 2016-05-04T13:45:08Z
dc.date.available 2016-05-04T13:45:08Z
dc.date.created 2015-12-10 en
dc.date.issued 2015 en
dc.description Mini-Dissertation (MPhil)--University of Pretoria, 2015. en
dc.description.abstract Like many other African countries, the system of traditional leadership and chieftainship in Lesotho is strongly embraced and deeply embedded. Under customary law chiefs have been regarded as and served as governors of their societies with power over different aspects of life. However the traditional leadership systems have been and continue to be predominantly male. The study therefore will examine the institution of chieftainship in Lesotho under both the Constitution and customary and; how this has led to gender inequality and infringement of international human rights law. Under customary law which is recognized by common law women, daughters in particular are denied the right to succeed to chieftainship on the basis of gender and sex. As a result, this has led to gender inequality and discrimination against women. Although the kingdom of Lesotho practices a dual system, obligating itself to incorporate international law into domestic law, it has been evident that both the constitution and customary law are inconsistent with international law particularly Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, which aims to protect and promote human rights; In this case women s rights. Although chieftainship perceived to be important and relevant, it has been argued that the institution of traditional leadership no longer has a place in the modern world therefore should be abolished. The study further examines some similar cases and judicial responses as well as the application of international law in addressing the issue of gender inequality that results from customary law. I also question under what or which circumstances shall customary law take precedence over international law and when should international law precede over customary/ domestic law. I therefore argue and recommend for the reformation and amendment of Chieftainship Act as well as the Constitution of Lesotho which continues to advocate for gender inequality based on cultural practices and customary law and lastly, the adoption of positive practices from the other African states the paper look at. en
dc.description.availability Unrestricted en
dc.description.degree MPhil en
dc.description.department Centre for Human Rights en
dc.description.librarian tm2016 en
dc.identifier.citation Metsing, NE 2015, Gender inequality in Lesotho : the right of succession to chieftainship, MPhil Mini-Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/52253> en
dc.identifier.other D2015 en
dc.identifier.uri http://hdl.handle.net/2263/52253
dc.language.iso en en
dc.publisher University of Pretoria en_ZA
dc.rights ©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. en
dc.subject UCTD en
dc.title Gender inequality in Lesotho : the right of succession to chieftainship en
dc.type Mini Dissertation en


Files in this item

This item appears in the following Collection(s)

Show simple item record