Author: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Chinelo Okparanta is a Nigerian writer, currently living as a citizen in the United States. She understands the prejudices of her native country, especially against homosexuals. In some parts of Nigeria, a gay individual may be stoned to death under the Shari’a law. Okparanta writes, in her lesbian romance Happiness like Water, ‘yes, our love may be hidden, but it is strong. It can still bring happiness’.
Why must the love between two consenting adults be hidden? Should the State have the power to decide towards whom one may show affection? These disconcerting questions may be answered in terms of global Constitutions.
The most important Brazilian decision which entailed the right to happiness was in 2011. The Supreme Court had to rule on the interpretation to be given to article 1.723 of the Civil Code, which only recognizes a common-law relationship between a man and a woman as a family unit which must be public knowledge, continuous, and long-lasting, and be established for the purpose of building a family. The need for the aforementioned ruling resulted from the fact that government bodies refused to grant these rights to homo-affectionate couples. Therefore, the Court had to decide if this union also covered same-sex couples, even though the provision expressly mentions ‘man and a woman’.
South Africa has some of the most progressive legislation on gender equality in the world yet there is a lack of de facto equality in this country. A new Bill has been put forth to further promote women empowerment and gender equality – will this be the solution?
In September 2012 the Department of Women, Children and People with Disabilities presented the Women Empowerment and Gender Equality Bill (the Equality Bill). The purpose of the new Bill is to establish a legislative framework for the empowerment of women and to provide an obligation to adopt and implement gender mainstreaming. The Bill includes detailed provisions regarding these issues such as encouraging the recognition of the economic value of the roles of women in various sectors of life, and the achievement of at least 50 % representation and participation of women in decision-making structures in all entities.