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End Discriminatory Laws, and Transformative Change Can Follow

Tazeen Hasan's picture

A woman in South Africa. © Trevor Samson/World BankIn September 2013, four elderly sisters in Botswana were finally and definitively allowed to remain in the ancestral home where they had spent most of their lives — the result of their own tenacity and determination that a young nephew could not step in and take ownership of a property they had lovingly maintained.

This landmark decision by the highest court in Botswana, the Court of Appeal, followed five years of efforts by women’s networks and legal associations who helped the sisters bring their claim. The judges decided that customary laws favoring the rights of the youngest male heir were simply out of date.

“The Constitutional values of equality before the law and the increased leveling of the power structures with more and more women heading households and participating with men as equals in the public sphere and increasingly in the private sphere demonstrate that there is no rational and justifiable basis for sticking to the narrow norms of days gone by when such norms go against current value systems,” wrote Justice Lesetedi of the Botswana Court of Appeal.

The reform of discriminatory laws can lead to transformative change.