CEU Electronic Theses and Dissertations, 2021
| Author | Raza, Najeeha |
|---|---|
| Title | Adjudicating Custom, Religion and Gender Equality in Pluralistic Legal Systems |
| Summary | This study aims to assess how courts address the issue of gender discrimination especially within justice systems with plural elements where women’s rights are affected by customary, religious or patriarchal practices. It undertakes a comparative study to analyze the interpretative approaches that courts have adopted in South Africa, India and Pakistan. It finds that courts have been able to generate favorable outcomes for gender equality by adopting a purposive approach towards the interpretation of legislation, interpreting rights in conformity with foundational constitutional values such as equality, dignity, and social justice, assessing the disadvantage that would be caused to women taking into account their socio-economic vulnerability, and choosing to interpret rights in a manner that avoids causing any further prejudice or disadvantage to women. |
| Supervisor | Arun K. Thiruvengadam |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/raza_najeeha.pdf |
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