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  1. What’s the Deal? Women’s Evidence and Gendered Negotiations.Elsje Bonthuys - 2019 - Feminist Legal Studies 27 (1):7-31.
    South African law has traditionally denied property sharing rights to people in non-marital intimate partnerships, but a series of new cases has created the possibility of enforcing universal partnership contracts to claim a share in partnership property. However, evidential biases within these progressive cases reflect a historical disdain for women’s contributions to relationships and a widespread reluctance to believe women’s testimony about the existence of agreements to share. These biases bear strong resemblances to the gender stereotypes which have been the (...)
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    Women’s Sexuality in the South African Constitutional Court: Jordan V. S. 2002 SA 642 Also Reported as 2002 BCLR 1117.Elsje Bonthuys - 2006 - Feminist Legal Studies 14 (3):391-406.
    In 2002 the constitutionality of the Sexual Offences Act, which criminalizes the behaviour of sex workers but fails to punish their clients, was at issue in the South African Constitutional Court. The majority of the Court held that the legislation does not constitute indirect discrimination on the basis of gender. The minority judgment found indirect gender discrimination, but held that the legislation did not infringe upon sex workers’ rights to dignity and privacy. This note argues that the reasoning in both (...)
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    Gender and Race in South African Judicial Appointments.Elsje Bonthuys - 2015 - Feminist Legal Studies 23 (2):127-148.
    Although the obligation to appoint women as judges originates from the constitutional injunction to consider “the need for the judiciary to reflect broadly the racial and gender composition of South Africa,” gender transformation has lagged behind racial transformation of the bench. During the past four years, however, the lack of women appointees has become a more contested issue. This paper investigates the relationship between gender transformation and racial transformation of the judiciary in public debates around the judiciary. Despite the universally (...)
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    Putting Gender Into the Definition of Rape or Taking It Out?: Masiya V Director of Public Prosecutions and Others, 2007 BCLR 827.Elsje Bonthuys - 2008 - Feminist Legal Studies 16 (2):249-260.
    The main issue in the Masiya judgment was whether the current South African definition of rape—namely non-consensual penetration of a vagina by a penis—should be extended to include anal penetration of both female and male victims. The majority of the Constitutional Court held that anal penetration of female victims should constitute rape, but declined to offer similar protection to male victims. This note argues that this judgment reverts to and reinforces patriarchal stereotypes and dichotomies and that it misunderstands, in a (...)
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