Open AccessMarital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini
Author(s) -
Simangele D. Mavundla,
Ann Strode,
Dumsani Christopher Dlamini
Publication year - 2020
Publication title -
per
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.204
H-Index - 6
ISSN - 1727-3781
DOI - 10.17159/1727-3781/2020/v23i0a7504
Subject(s) - emancipation , subordination (linguistics) , power (physics) , law , sociology , civil rights , political science , gender studies , politics , philosophy , linguistics , physics , quantum mechanics
Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women.
This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini.
This research work is significant in that it adds to the body of knowledge by recording the origins of women's subjection to marital power and their eventual emancipation in the landmark case of Sacolo v Sacolo (1403/2016) [2019] SZHC 166 (30 August 2019).