The right to practice culture is further enshrined in the Constitution of the Republic of South Africa (Act 108 of 1996). The argument was about the implementation of the right to gender equality in cultural communities.
EQUALITY" IN THE SOUTH AFRICAN CONSTITUTION
The binding effect of Article 9 on cultural rights raises the question whether the recognition of cultural rights is of any benefit to cultural groups if the recognition is based on the abolition of certain practices that these groups consider to be the most important part of cultural rights . the tradition in question. Since culture is classified as an individual right exercised within a group, its recognition should benefit all members of the cultural group concerned.
OBJECTIVES OF THE STUDY
African women's power was economically and ideologically derived from and linked to the importance given to motherhood.' Women were given decisive rights when it came to running the household and had a duty to ensure the well-being of their children and all their children. family members.
SIGNIFICANCE OF THE STUDY
Traditionally in African culture, patriarchy and patrilineality did not necessarily mean inferiority to women. The research also intends to show that culture still has a role to play in the lives of the people who practice it and can contribute to societal development.
CONCLUSION
The intention is not only to show that certain Zulu customs violate the rights of women, but to determine whether the alleged violations are justified to determine whether the customs infringe on the constitutional rights of women.
INTRODUCTION
From Taylor's definition of culture, it becomes clear that culture forms one of the important building blocks in the life of a human being in that it is a form of interaction that a human being shares with individuals of the same cultural group. The above statement shows the importance of culture and the assimilation of the substance of culture for the younger generations in the food of the cultural group that practices the culture in question.
CULTURAL RIGHTS UNDER INTERNATIONAL LAW
The right to culture is also included in the International Covenant on Economic, Social and Cultural Rights.32 Article 15 of the Covenant provides that: However, is the practice in line with the right to human dignity of the girls where it is practiced.
CULTURAL RIGHTS UNDER THE SOUTH AFRICAN CONSTITUTION The South African constitutlorr" in section 31 provides that
It can be assumed that the framers of the constitution had this in mind when they drafted the provision in Article 31(1), as it recognizes the right of an individual to practice culture in community with other members of the cultural group. The rights protected under Article 31 are not the rights of all members of the political community created by the Constitution, but of groups of individuals. It has been mentioned that the legislator has moved away from the use of the word.
CONCLUSION
This submission would have been relevant in the South African context prior to the introduction of the Billof Rights. However, this right must be protected by the people who enjoy it by being involved in the process of developing their culture. The development of culture helps prevent the deconstruction of culture due to incompatible conflicts with constitutional values.
THE MEANING OF THE -RIGHT TO EQUALITY"
What is the relationship between the right to equality and the right to non-discrimination. When dealing with the right to equality, there are two approaches: the formal approach and the substantive approach. However, denying the right to equality based on the requirements of a certain right does not constitute unfair discrimination.
THE MEANING OF THE RIGHT TO GENDER EQUALITY
In the context of this study, it will mean that the backside of the culture must be judged using the policies to determine the gender sensitivity of the specific cultural practices, thus avoiding the judgment of cultural practices based on the Western way of thinking. Although the Article 5(a) requirement of CEDAW does not specifically mention cultural practices as one of the things to be changed, the term. Giddens's argument supports the claim that gender inequality should be addressed in the context of the person concerned's right to dignity rather than how other groups in society behave.
INTERNATIONAL LAW PROVISIONS ON THE RIGHT TO GENDER EQUALITY
The Charter summarizes the principles contained in the Convention on the Elimination of All Forms of Discrimination against Women in its provision for the protection of women's rights. Third, it clearly recognizes the existence of the rights of women and children, and recognizes the need for the protection of those rights by the state. Article 18(3) is therefore specifically concerned with the protection of women's human rights and their recognition as equal citizens entitled to rights.
SOUTH AFRICAN JURISPRUDENCE ON THE RIGHT TO GENDER EQUALITY
The provisions of the law indicate that women who feel harmed by the operation of the culture can turn to the Equality Court and file a complaint for unfair discrimination. This means that the finding of unfairness is the basis for declaring the conduct to be discrimination within the meaning of the law. It is clear from the above discussion that the provisions of the Act on Promotion of Equality and Prevention of Unfair Discrimination protect members of cultural groups from practices that are discriminatory or undermine their dignity and well-being.
CONCLUSION
Charles Dlamini argues that although culture is often seen as a group or collective right, this does not necessarily mean that the group itself is the bearer of the right. Another initiative by the South African legislature to promote gender equality was the promulgation of the Commission on Gender Equality Act99, the founding law of the Commission on Gender Equality. Developing the right to practice culture falls within the context of taking other measures to ensure the full enjoyment of the right enshrined in Article 31.
CHAPTER FOUR
VIRGINITY TESTING
Those who argue against the use of virginity testing believe that it infringes on the right to privacy of the children involved. They argue that the view that virginity testing stops the spread of HIV/AIDS ignores the role of men and boys in spreading the disease because of the way culture encourages them to have multiple partners. While the view that public proclamation of virginity exposes the girl so proclaimed to sexual abuse is somewhat true, it does not necessarily justify eliminating the entire use of virginity testing.
ILOBOLO
The idea behind starting the practice of paying ilobolo in the Zulu community was to create a bond between the two families, since in the Zulu community marriage is more than the marital relationship, it is also about creating ' a bond between the two families. This is unfair, especially in situations where the mother is a single parent and her male relatives must be involved, when in most cases they were never involved in the upbringing of the child. Ilobolo is one requirement that legitimizes marriage in the Zulu community, so abandoning it on the grounds that it promotes unfair discrimination would amount to infringing on the Zulu people's right to cultural practice.
MARITAL POWER
The main task in women's lives is to give birth and raise children. He is temperamentally more aggressive and she is more submissive. The situation now is that the wife has less say in the marriage and cannot own any property as it all belongs to the husband. Children born in marriage belong to the husband and upon the dissolution of the marriage in most cases they are given to the husband. The situation regarding marital power in the Zulu community mainly promotes unfair discrimination against women and there is no justification for it.
POLYGAMY
The only limit to the number of wives a man can marry is his desires and his ability to pay and maintain ilobolo for a further wife.125 In the early days this led to parents arranging grooms for their daughters. when they believed that the man was rich and would be able to pay lobolo and support their daughter. The practice of adding women to the household because one woman is barren makes it appear that marriage in Zulu society is based solely on the fertile capacities of women. It is also likely to give rise to hostility among women in the household because the status given to each woman either gives her power or degrades her status compared to that of the other women in the household.
INHERITANCE RIGHTS
The application of customary law rules of inheritance is not consistent with the changing circumstances of the communities where they apply. The South African Law Reform Commission (Law Commission) has described the difficulties that the application of customary rules of inheritance causes to widows in a society of changed circumstances. The Law Commission has cited three reasons for such difficulties. :. a) the fact that social conditions often do not make "living with the heir" a realistic or even tolerable proposition; The justification for the primogeniture rule that it keeps family property within the family cannot be reconciled with current notions of equality and human dignity as contained in the Bill of Rights.
MOURNING
The clothing identifies a widow in that it is usually of a solid color and of the length that the family feels suits the mourner. There are many rules associated with mourning that affect or limit the freedom of the mourner. The situation of grieving women is further aggravated by the fact that they have not inherited, so during the time they are grieving they have no income and have to rely on the heir to the husband's estate.
CONCLUSION
International law provides for both the right to gender equality and the right to practice culture. This means giving the different cultural groups the right to practice their culture without unnecessary interference from anyone. The right to practice culture is essential in realizing the right to self.
RECOMMENDATIONS
This is further exacerbated by some members of cultural groups using culture and customs as a way to infringe on the constitutional rights of other group members. This observation gives members of cultural groups an obligation to ensure that their customs change and are consistent with the entire system. The development of culture is in the hands of the legislature and the cultural groups that practice culture to ensure that it is developed properly and in accordance with constitutional values.
CONCLUSION
Human Rights and African Custom under the South African Constitution (Kenwyn: Juta 1995) A Sourcebook of African Law for South Africa (Kenwyn: Juta 1991). The Constitution of South Africa from a Gender Perspective (Community Law Centre, University of Western Cape in collaboration with David Phillip, Cape Town 1995) .. Bennett T The Compatibility of African Customary Law and Human Rights) Acta Juridica(1991). Culture and Virginity Testing: Report of the Consultative Conference on Virginity Testing (2000). The Legal Analysis and Evaluation of ilobolo in the Changing Zulu Society) (HSRC) Co-operative Research Program on Marriage and Family Life The Contest of Culture and Gender under South Africa's Interim Constitution Journal of Law and.
