A Human Rights Perspective on Gender-Based Violence in South Africa: The Translation of Global Human Rights Norms into the South African Domestic Context: The Translation of Global Human Rights Norms into the South African Domestic Context

Mikkelsen, Christina Binderup

4. term

Development and International Relations, Master

2022

2022-10-15

This thesis is written as a case study and explores Gender-based Violence (GBV) from a Human rights perspective. I answer part of the complex question why has the translation of human rights norms to a local South African context not had any significant impact? The Study uses the Beijing Platform for Action (BPfA) as the case for human rights norms on GBV and Documents sourced from civil society websites as a presentation of the local context. Through a Deductive Qualitative Content Analysis, using norm translation and multilevel governance theory, I have carried out an analysis split into two parts: The First relates to the International human rights norms is an analysis of the BPfA, in which I explore what the international human rights norms on GBV are and how where they negotiated and agreed upon. The second part is an analysis of the existing norms in South Africa and the resistance to and the translation of the international human rights norms on GBV using documents published by civil society actors. This part of the analysis explores how existing toxic masculinity norms with roots in South Africa's colonial and apartheid history, are creating resistance to the norm translation process. It also explores how the state response to GBV is constructed and analyzes the issue with this through an MLG perspective identifying issues with accountability, inclusion, and transparency and how this affects the norm translation process as well as what it means for the role of the civil society. The Study Concludes that while translation into discourse has been done through the human rights norms in the BPfA, and the South African government has further translated the norms into law, by creating a very progressive legislation, ther is an Issue with the translation into implementation, which con contribute to explaining why we have not seen a significant improvement in the rates of GBV in South Africa. This is a combination of many factors one being existing toxic masculinity norms of male dominance, power over women and a right to womens bodies, that are existent across the different structures of the South African Society. The problems with accountability, inclusion and transparenchy that are hindering a effective response by having a lack of cooperation between sector. These are all factors that contribute to an implementation gap and impede the translation of international human rights norms on GBV into implementation in the South African Context.

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