AFRICA HUMAN RIGHTS ACCESS TO JUSTICE - ESCR-Net文档.doc

AFRICA HUMAN RIGHTS ACCESS TO JUSTICE WOMEN’S RIGHTS PROGRAMME (AHRAJ) ? ? WORKSHOP ON STRATEGIC LITIGATION FOR WOMEN’S PROPERTY RIGHTS 15-18 AUGUST 2005 ? ? DISCUSSION PAPER: ? “Dealing with the busybodies…” RULES OF STANDING IN LITIGATING PUBLIC INTEREST CASES ON BEHALF OF WOMEN ON THE CONTINENT ? ? ? BY: NIKKI NAYLOR WOMEN’S LEGAL CENTRE CAPE TOWN SOUTH AFRICA ? A.??????? INTRODUCTION ? Class actions and public interest actions are part of the worldwide movement to make access to justice a reality. This has been due to the fact that it has become recognized that if the traditional notion of standing is strictly adhered to, individuals are prevented from claiming relief in the public interest or in the interests of persons who for various reasons are unable to enforce their rights.? Litigation in the public interest and class actions illustrate how society and law interact with and influence each other.? Whilst the public interest law movement employs a variety of methods and strategies to fight for social change, litigation remains one of the strongest tools for achieving systemic change.? This is due to the fact that litigation of strategic cases accesses the power of the judiciary in the struggle for social change and engages with the judicial process in order to raise public awareness about a particular issue. This often serves as a catalyst for reform of the judicial or legislative system itself.? ? In this paper I argue that public interest litigation may be used as a useful tool to empower disadvantaged and vulnerable groups, such as women living under African customary law or Muslim personal law on the continent.? I premise my arguments on critical legal theory and a feminist analysis of the manner in which the law sees and treats women, which is largely masculinist[1] in its approach and argue for a more inclusive approach in terms of which women’s real life experiences are written into the law, their voices heard. I rely heavily on the argument that if