Harmful traditional practices

In Spain, two last names are generally used to identify an individual, typically with the father’s last name first and the mother’s last name second. Under Article 109 of the Civil Code, since 2000, parents can choose the order of their children’s last names.

The Gender Law of 10 May 2007 implements European Union legislation on equal treatment and prohibits all forms of discrimination based on sex, gender reassignment, gender identity, gender expression, pregnancy, childbirth, and motherhood. It explicitly prohibits direct and indirect discrimination, giving instructions to discriminate, harassment, and sexual harassment. The prohibition applies in relation to access to goods and services, social security, social benefits, membership of professional organizations, and employment relations and conditions.

The appellant was the maternal grandfather of two minor children (the subject of the application). The appellant was appealing a decision of the trial court which ordered that the children be placed the custody of their biological father (the respondent). The children stayed with the appellant for a period of time while the respondent pursued his education in South Africa. Upon the respondent’s return, he fetched the children from the applicant’s residence.

The appellant was convicted of (i) aiding the commission of female genital mutilation (“FGM)” on several girls, (ii) failing to report the commission of FGM, and (iii) allowing her premises to be used to perform FGM.  She pled guilty to the crimes and was sentenced to pay a fine of Kshs. 200,000 (or 3 years of imprisonment if she defaulted on the payment).  On appeal, she argued that the sentence was overly harsh and oppressive because she was a single mother of three children.  Justice M.

The Married Persons Equality Act (the “Act”) abolishes the marital power of the husband over his wife and her property and amends community property laws. It further provides women with the power to register immovable property in their own name, gives them legal capacity to litigate and contract, and allows them to act as directors of companies. The Act also establishes that the minimum age for marriage is 18, thereby prohibiting child marriages.

The petitioner, Senate Masupha, is the firstborn, female child of a late principal Chief.  Because there were no firstborn males in his immediate family, upon his death, the late Chief’s wife and the petitioner’s mother was appointed as a caretaker Chief in accordance with the Chieftainship Act.  Following the death of the late Chief’s wife in 2008, the late Chief’s younger brother instituted a claim for inheritance of the chieftainship before a magistrate’s court, which was challenged by the late Chief’s son from a second wife, as well as that son’s mother.  The petitioner,

Edith Mmusi and her sisters, all over 65 years of age, brought a case against their nephew, Molefi Ramantele, who claimed to have rightfully inherited the home that was occupied by Mmusi and her sisters and tried to evict them.

The petitioner sought a dissolution of her marriage to the respondent on the grounds of cruelty and additionally sought custody of their four-year-old child. As the respondent had already admitted to beating the petitioner throughout the course of their marriage and pleaded guilty to domestic violence in a lower court, the court ordered that the couples’ marriage be dissolved.

The Supreme Court for the first time ever approached the issue of honor killings from a victim's rights perspective. The Court found that no one had the right to take law into their own hands to take a life in the name of ghairat.

Murder conviction for father's honor killing of daughter, son-in-law and grandchild upheld on the grounds that an honor killing is murder. The Court found that "[n]o tradition is sacred, no convention is indispensable and no precedent worth emulation if it does not stand the test of civil society's fundamental principles. In particular, the law must reflect changing needs and promote social progress.