The role of gender-responsive participation in water and sanitation rights adjudication
Nankan, Sahara
Nankan, Sahara
Loading...
Publication Date
2022-06-10
Type
Thesis
Downloads
Citation
Abstract
This thesis critically examines the justifications, implications and possibilities for strengthening gender participatory considerations in the adjudication of the separate but critically interlinked rights to basic water and adequate sanitation services. The thesis first examines how the lack of women’s full, free and meaningful participation as key stakeholders both causes and contributes to gendered deprivation by examining developments and obligations at the international human rights law level. It then selects as its focus, the selected leading jurisdiction of South Africa and assesses three early principal jurisprudential examples to demonstrate the persistent gaps; Mazibuko and Others v City of Johannesburg (right to water), Nokotyana and Others v Ekurhuleni Municipality (right to sanitation) and Beja and Others v Premier of the Western Cape (right to sanitation). Employing the literature on principles of adjudication and the discourse on equality, gender and dignity, the conceptual framework of ‘gender-responsive participatory justice’ is then put forth as a flexible, analytical and strategic tool to mitigate the ad hoc gender-sensitive considerations that remain wholly inadequate to guaranteeing equality and non-discrimination commitments. In doing so, the inquiry in seeking to engender participation, emphasises the critical nexus between procedure and the substantive values and functions of these rights in the form of autonomy-based equality and agency-based dignity. In the final instance, this examination is operationalised by an applied analysis of how gender-responsive deliberative principles of participation and their accompanying values can be utilised and applied in adjudication to ultimately pursue proactive ways of guaranteeing that women’s participation becomes fully integrated in water and sanitation rights implementation in practice.
Funder
Publisher
NUI Galway