(2017) 1 African Human Rights Yearbook
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and women. Prevailing unequal power relations between both sexes
constitute the backdrop that makes women vulnerable to extrajudicial
killings.
In considering the factors that make women peculiarly vulnerable
to extrajudicial killings I note in passing the difference between ‘factors’
and ‘causes’. ‘Cause’ is the immediate reason; ‘factor’ is the enabler. In
legal parlance, cause is the causa causans, and factor the causa sine
qua non. In the context of our subject, the extrajudicial killing of
women encompasses killing within intimate social settings, the cause of
which could, for example, be that family honour is at stake. Feminists
do not only condemn violence against women in the private realm; they
also link this abuse to violence against women perpetrated by the
State.34 Killing in these circumstances is conceptualised as the most
extreme form of violence against women. Literature shows that the
contributory factors to this form of violence as well as to violence
against women in general, fall within three broad categories, namely,
socialisation, harmful cultural practices, and inadequate legal
protection.
3.1
Socialisation
Feminists subscribe to the view by Simone de Beauvoir that women are
socialised or acculturated into becoming what society dictates.35
Socialisation is a socially learnt behaviour from childhood whereby an
individual internalises and deeply embeds attitudes and adopts
particular roles as instructed by society. Agents of socialisation include
faith based organisations which play a key role in the propagation of
gender imbalances that are constructed through teachings. For
example, Christian teachings on gender relations, like the teachings of
African custom, advocate divinely sanctioned male headship of the
family and the subordination of the wife.36 These teachings help to
reinforce traditional stereotypes. The Apostle Paul in 1 Timothy 2:9-14
directs Christian women to ‘wear proper clothes that show respect and
self-control, not using braided hair or gold or pearls or expensive
clothes’. He instructs them to ‘learn by listening quietly and being ready
to cooperate in everything’. He states that he does ‘not allow a woman
to teach or to have authority over a man, but to listen quietly, because
Adam was formed first and then Eve. And Adam was not tricked, but
the woman was tricked and became a sinner’. Islamic teachings also
propagate a like doctrine of female subordination and submissiveness
to men.
indeed human rights: an African perspective on international feminism’ (1995) 17
Human Rights Quarterly 691; C Smart ‘Feminism and law: some problems of analysis
and strategy’ (1986) 14 International Journal of the Sociology of Law 110; C Littleton
‘Reconstructing sex and equality’ (1987) 75 California Law Review 1274.
34
S McKay ‘Rape and incest in a violent male society’ (1985) Fortnight Magazine, 27
May 1985, 9.
35
The second sex, 1949 (reprinted 1961).
36 WLSA Multiple jeopardy: domestic violence and women’s search for justice in
Swaziland (WLSA: Mbabane 2001) 73.