Session
Source of Reference
State under Review
Recommendation
JS6 noted that the Children’s Act of 2005 criminalises virginity testing only of girls under the age of 16 and recommended that the government pass legislation to expressly ban the practice for all women. [Para 73]
Reference type
Implementations
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National ReportPara 50) The Department of Health and the Department of Basic Education agreed on the development of scripted lessons to assist educators in teaching aspects of Sexual and Reproductive Health and Rights (SRHR) in schools. Eighty scripted lessons are offered from grade 4 to 12 teaching learners on amongst others how to prevent the spread of STIs including HIV/AIDS, prevent and report sexual abuse, violence and rape, reducing risky sexual behaviours and on preventing unplanned and teenage pregnancy. Para 51) … Revising B-wise website (B-Wise is a website for young people to get honest information about their health, body changes, sex, relationships, contraceptives, HIV, and other STIs). Para 52) Information platform such as B-Wise were introduced to share scientific and accurate information regarding SRHR targeting both boys and girls, clinic finders, interactive sessions to respond to specific questions and feedback mechanism about services provided in facilities to promote youth friendly service.National ReportUN CompilationUN CompilationPara 42) Two Committees and the country team noted the high incidence of teenage pregnancy.
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National ReportPara 72) Almost all statutes that discriminated against women before 1994 have been repealed. The Recognition of Customary Marriages Act 120 of 1998 for instance, repealed the provisions of the Black Administration Act 38 of 1927 which condemned African women to a legal status of perpetual minors. The Act confirms formal equality between women and men in customary marriages, provides for the equal status and capacity of spouses who concluded a customary marriage and it affirms a wife’s capacity to acquire assets and to dispose of them, to enter into contracts and to litigate, in addition to any rights and powers that she might have at customary law. Para 90) Life Orientation is a compulsory subject offered to all learners. One of the six topics focussed on in the subject is Democracy and Human Rights. Content related to Democracy and Human Rights included in the curriculum covers issues such as: … Ideologies, beliefs and worldviews on construction of recreation and physical activity across cultures and genders.National ReportStakeholder SummaryPara 27) JS2 and JS9 noted reports that human rights defenders, particularly women and those working on corruption, housing, and environmental rights, faced harassment. Para 46) LRC-Edu noted reports that girls were more likely to drop out of school than boys, due to school fees, family responsibilities, negative stereotypes about girls’ abilities, and lack of access to hygiene products.Stakeholder SummaryUN CompilationUN CompilationPara 10) CEDAW noted that Equality Courts heard cases of discrimination and hate speech, but were concentrated in urban areas. Para 18) CEDAW noted: that Legal Aid South Africa lacked the resources necessary to deliver its mandate; that women faced barriers to accessing justice; and the low prosecution and conviction rates in sexual offence cases. Para 19) [CEDAW] expressed concern that the “opt-out” section may have been removed from the traditional courts bill, so that women would not be able to appeal decisions of traditional courts to ordinary courts. Para 20) Various special procedure mandate holders addressed communications to South Africa on allegations regarding … the assassination of a woman environmental human rights defender. Para 38) [CESCR] expressed concern that land concentration had increased and women owned only 13 per cent of agricultural land. Para 52) In 2019, the CEDAW conducted a confidential inquiry visit, under the OP-CEDAW. The Committee found that South Africa had violated a number of articles of the Convention; was responsible for grave violations of rights under the Convention, considering, inter alia, that it had failed to protect a significant number of women and girls from domestic violence; and was responsible for systematic violations of rights under the Convention. Para 53) In its response, the Government noted, inter alia: the passage of three bills – the Domestic Violence Amendment Bill, the Criminal and Related Matters Bill and the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill; public communications to educate people on their rights to access justice; and assistance for survivors of gender-based violence to access efficient and sensitive criminal justice. South Africa stated that the finding of grave violations was contestable. Para 56) CEDAW expressed concern about the absence of a law specifically prohibiting discrimination against women.
Response