Customary law and gender renegotiation in Africa

Type :

Term papers

Pages :

5 pages

Format :

.doc

Published date :

06/16/2009

Category :

Political science

Sub category :

Social sciences

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Summary :

Introduction
The significant aspect of Britain's colonial policy
Patriarchal control
The major contestations of Customary Law
Clash of colonial and African patriarchal forces
Control over the migration and travel of women
The marriage legislation
Conclusion

Abstract

The Colonial Period brought various and drastic measures of control to african communities which had previously been autonomous and self-regulated. The creation of colonial governments, institutions and courts brought radical and lasting change to individual lives and african societies as a whole. In British Colonies, a primary function of colonial control became known as “Native customary law”. Through this invented legal structure, colonial officials and african men collaborated to design legislation that disempowered and subjugated african women. This essay will discuss the various avenues through customary law that women’s status, rights and obligations were re-defined. Through what was termed “customary law”, Colonial governments and african patriarchs were able to legally dominate african women and limit their rights in a variety of ways, most significantly through migration, marriage and medicalization legislation.