Lcp4807 Assignment 2 memorandum 2023

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THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN (CEDAW) AND
OTHER RELEVANT SOURCES AND CASES.



BY



NAME




STUDENT NUMBER




Submitted in partial fulfilment of the requirements for the degree LLB
In the



SCHOOL OF LAW



UNIVERSITY OF SOUTH AFRCIA




2023



LCP4807 ASSESSMENT 2



SUPERVISOR: Ms M MOOKI

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TABLE OF CONTENTS


1. DECLARATION OF AUTHENTICITY


3. ISSUES OF LOCUS STANDI AND ADMISSIBILITY OF CASES BEFORE
THE CEDAW COMMITTEE

4. THE VARIOUS RIGHTS INFRINGED BY ARTICLE 75 OF THE LEBOSA
PENAL CODE

5. REMEDIES TO BE CLAIMED

5. CONCLUSION

6. BIBLIOGRAPHY

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1. DECLARATION OF AUTHENTICITY

1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the prescribed
style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.

NAME: …………………………………………………………
SIGNATURE: …………………………………………………
STUDENT NUMBER: ……………………………………….
MODULE CODE:…………………………………………….
DATE:………………………………………………………….

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1. ISSUES OF LOCUS STANDI AND ADMISSIBILITY OF CASES BEFORE
THE CEDAW COMMITTEE.
.
The Committee on the Elimination of Discrimination against Women (CEDAW)
is an international treaty adopted in 1979 by the United Nations General
Assembly, described as an international bill of rights for women it consists of a
body of independent experts that monitors implementation of the Convention
on the Elimination of All Forms of Discrimination against Women.1 The
formation of this committee was outlined in Article 17 of the CEDAW,2 which
also established the rules, purpose, and operating procedures of the
committee and the power of the CEDAW-Committee to receive and consider
individual complaints is optional.

CEDAW demands that governments change laws and customs in their country
so that girls and women are not discriminated against in any way. Its main
purpose is to protects girls and women from discrimination in areas such as
education, health, work, marriage and family life. However, the decisions of the
Committee are not legally binding at international law but the prospect of a
ruling by an international committee as to a possible breach of the Convention
can put heavy pressure on state parties to ensure that violations do not occur
in the future.

The Committee has threefold mandate which is to:

1. to review national reports submitted by each State Party within one year of
ratification or accession and thereafter every four years
2. To make recommendations on any issue affecting women to which it
believes
the States Parties should devote more attention, or the Committee’s view of
the obligations assumed under the Convention requires further elaboration;
and
3. To receive and consider complaints from individuals or groups within its
jurisdiction, as recognized by those States that have ratified the Optional
Protocol to the Convention3

Locus standi relates to whether a particular applicant is entitled to seek
redress from either the courts or committees such as the CEDAW in respect of
a particular issue and it determines whether an individual or group of
individuals or an entity has the right to claim redress on a justiciable matter
before a tribunal authorised to grant the redress sought in terms of Article 2 of
the Optional Protocol to CEDAW which sets out the standing requirements for
individuals is largely the same like the other three monitoring bodies and raises
no new requirements. When it comes to locus standi the victim requirement is
a prerequisite to standing, the actio popularis (which is a Latin term that means

1
United Nations. “Convention on the Elimination of All Forms of Discrimination against
Women.” Treaty Series, vol. 1249, (1988).
2
Article 17 (1) Protocol to the African Charter on the Establishment of an African Court.
3
See Section 3.1.3 of the CEDAW Optional Protocol.