Abstract:
South Africa lags behind with regard to an effective
framework supporting substantive equality in the legal profession. The
structure of the legal profession and the number of women represented
in the legal profession do not as yet reflect the diversity of South African
society. A number of factors play a role in the skewed representation
of female attorneys and advocates in the legal profession. In addition,
formal equality cannot translate into gender transformation, as the
issues that cause such inequalities extend beyond the scope of attaining
sameness. International instruments suggest that special measures
be adopted to achieve substantive equality specifically with regard to the role of women in the workplace. This article analyses the current
composition of the legal profession from the perspective of gender and
race, while promoting the concept of substantive equality as a preferred
approach to gender transformation in the legal profession. It considers
the theoretical framework for gender equality as a human right in South
Africa by examining relevant legislation and international and regional
instruments, and analysing the extent to which the Cape Bar maternity
policy, as an existing transformation initiative, implemented on the basis
of a gender stereotype, encourages substantive gender transformation
in the legal profession.
