Gender inequality in Lesotho : the right of succession to chieftainship

dc.contributor.advisorHansungule, Micheloen
dc.contributor.postgraduateMetsing, Nthatisi E.en
dc.date.accessioned2016-05-04T13:45:08Z
dc.date.available2016-05-04T13:45:08Z
dc.date.created2015-12-10en
dc.date.issued2015en
dc.descriptionMini-Dissertation (MPhil)--University of Pretoria, 2015.en
dc.description.abstractLike 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.availabilityUnrestricteden
dc.description.degreeMPhilen
dc.description.departmentCentre for Human Rightsen
dc.description.librariantm2016en
dc.identifier.citationMetsing, 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.otherD2015en
dc.identifier.urihttp://hdl.handle.net/2263/52253
dc.language.isoenen
dc.publisherUniversity of Pretoriaen_ZA
dc.rights©2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria.en
dc.subjectUCTDen
dc.subjectElimination of discriminationen
dc.subjectEqual opportunitiesen
dc.subjectGender equalityen
dc.subjectLeadership rolesen
dc.subjectParticipation and representationen
dc.subject.otherSDG-10: Reduced inequalitiesen
dc.subject.otherSDG-05: Gender equalityen
dc.subject.otherLaw theses SDG-05en
dc.subject.otherLaw theses SDG-10en
dc.titleGender inequality in Lesotho : the right of succession to chieftainshipen
dc.typeMini Dissertationen

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