Abstract:
Conceptualising an understanding of home within South African law and how certain relationships create such an understanding. Home can be thought of as a place of safety, security, peace and identity. Home encapsulates values such as human dignity, freedom and equality. Furthermore, it is a space where one can exercise your identity autonomously. Home is a space for autonomy. However, some relationships give rise to this positive concept of home and autonomy whilst others are detrimental thereto. These relations are explored, specifically relations of domestic violence which threaten the values of home. Furthermore, the public/private divide is a contributing factor to domestic violence that occurs within the home.
Efforts used to protect the private sphere has resulted in the public sphere compromising the privacy and autonomy of the victim. Privacy should not solely be equated with the private sphere and should rather be understood in terms of autonomy and a right which should be afforded to individuals. Autonomy itself, has for a long time been equated with the private sphere, and has, therefore, been used as a tool to protect the abusive party from state action, rather than protecting the abused party from the actions of the abuser. Therefore, autonomy itself should not be equated with the private sphere, as this conception lacks creativity in achieving autonomy within the collective. Therefore,an alternative understanding of autonomy is suggested: relational autonomy. Relational autonomy examines how specific relationships are beneficial to the meaning of autonomy. Relational autonomy calls for the restructuring of destructive relations which stand in the way of achieving autonomy and therefore also stands in the way of achieving a positive concept of home.
