DOCSLIB.ORG

Why Sex Work Should Be Decriminalised in South Africa

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Why Sex Work Should Be Decriminalised in South Africa WHY SEX WORK SHOULD BE DECRIMINALISED IN SOUTH AFRICA HUMAN RIGHTS WATCH Why Sex Work Should be Decriminalised in South Africa Copyright © 2019 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-37533 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org 2 AUGUST 2019 ISBN: 978-1-6231-37533 Why Sex Work Should be Decriminalised in South Africa Map .................................................................................................................................... i Summary ........................................................................................................................... 1 Recommendations .............................................................................................................. 6 To the Department of Justice and Constitutional Development: ................................................ 6 To the South African Police Service: ......................................................................................... 6 To the Civilian Secretariat of Police and the Independent Police Investigative Directorate: ......... 7 To the Department of Health, the South African National AIDS Commission and the Commission on Gender Equality: .................................................................................................................. 7 To the South African Human Rights Commission: ...................................................................... 7 To the Committee on Multiparty Women’s Caucus, Parliament of South Africa: ......................... 8 Methodology ...................................................................................................................... 9 Background ...................................................................................................................... 12 Sex work Under Current South African Law and the Potential for Reform .................................. 13 Violence against Women in South Africa ................................................................................. 17 I. Health Care and “De Facto” Decriminalisation in South Africa ........................................ 21 Sex Work and Efforts to End the HIV Pandemic ........................................................................ 23 “Things Have Really Improved” .............................................................................................. 26 Criminalisation of Sex Work is Still an Obstacle to Health Care ............................................... 28 II. Harassment, Coercion, Extortion: What Criminalisation Looks Like ............................... 30 Under Arrest! But for What? ..................................................................................................... 33 Police Station Detention: the Confusion Deepens .................................................................... 36 “I’ve Never Seen a Judge” ....................................................................................................... 38 III. Violence Against Sex Workers ..................................................................................... 40 Rape....................................................................................................................................... 42 Physical Violence ................................................................................................................... 45 Theft...................................................................................................................................... 46 Trafficking ............................................................................................................................. 48 IV. “I Do It for My Kids”...................................................................................................... 51 Why Sex Work? ....................................................................................................................... 51 Stigma and Struggle ............................................................................................................... 57 “If the Government Wanted to Help Sex Workers, What Should They Do?” ............................... 59 V.Sex Work and Human Rights in International and South African Law ............................. 62 Sex Workers’ Rights protected by South African Law ................................................................ 63 Sex Workers’ Rights under International Law .......................................................................... 64 Acknowledgements .......................................................................................................... 69 Map i Summary Selling sex has been illegal in South Africa since at least the early 1900s and buying sex was criminalised in 2007. South African laws also prohibit other aspects of sex work, including running or owning a brothel, living off the earnings of “prostitution,” and enticing a woman into “prostitution.” The criminalisation of sex work has not deterred people from selling sex to make a living. Criminalisation has, however, made sex work less safe. It undermines sex workers’ access to justice for crimes committed against them and exposes them to unchecked abuse and exploitation by law enforcement officials, including police officers. And although the Department of Health’s National Strategic Plan on HIV for Sex Workers is grounded in respect for the human rights of sex workers, outreach, and nondiscrimination, criminalisation hinders sex workers’ efforts to access health care, including HIV prevention, treatment, care and support. Most sex workers in South Africa are poor, black, and female, and sell sex primarily in order to support their children, as well as other dependents. This report attempts to represent some of the fear, emotional pain, and frustration that South African sex workers experience because the work they do to try to ensure a better life for their children is criminalised. The report calls for law reforms including the decriminalisation of sex work in South Africa and encourages the Department of Justice and Constitutional Development to take up this task now with seriousness and urgency after years of debate on the issue. Rofhiwa Mlilo (a pseudonym) is a 40-year-old sex worker and a single mother of two children. She grew up in rural Limpopo, South Africa’s most northern province, where she still lives. Almost none of the 46 women interviewed for this report matriculated from school; Rofhiwa Mlilo did not go at all. She sees sex work as one of the very few options available to earn an income to keep a roof over the heads of her children, for her, preferable to backbreaking farm work that brings in less money. Rofhiwa Mlilo described the sometimes dangerous contradictions inherent in selling sex in South Africa: her relationship with the police is characterized by arbitrary arrests, lack of due process, and abusive policing practices. One policeman “arrested” her and tried to make her have sex 1 AUGUST 2019 with him. When she was raped by a man who threated her with a broken bottle, she didn’t report because she could not see the police taking her seriously. This report is based on research conducted between May and June 2018 by Human Rights Watch in four provinces of South Africa. Interviews were conducted with female sex workers, including three transgender women, in ten sites in three provinces. Around 40 government and nongovernmental experts in health, law, and provision of services for sex workers and were also interviewed. The report documents how the criminalisation of sex work fuels human rights violations against sex workers, including by police officers, and undermines their right to health. The report provides recommendations to reform the legal system to provide protection for sex workers. Almost three-quarters of the sex workers Human Rights Watch interviewed have been arrested multiple times, some as often as two or three times per month. Sex workers who worked indoors were less vulnerable to arrests but were also targeted from time to time. The pattern of arrests described to Human Rights Watch suggest that sex workers are targeted for arrest because the police either know them from previous contact, or believe they match the profile of a sex worker, and not because they have been seen to engage in illegal activities. Every sex worker interviewed for this report with a history of arrest had been arrested or detained by police for apparently nothing more than standing or sitting where sex workers were known to wait for clients, or because they were already known to the arresting officers. Sex workers believed that their arrests were part of a wider pattern of police harassment that includes extortion, coercive sex, and insulting language. Academics and nongovernmental
Load more

Recommended publications
  • Assembly, Configuration, and Break-Up History of Rodinia
    Author's personal copy Available online at www.sciencedirect.com Precambrian Research 160 (2008) 179–210 Assembly, configuration, and break-up history of Rodinia: A synthesis Z.X. Li a,g,∗, S.V. Bogdanova b, A.S. Collins c, A. Davidson d, B. De Waele a, R.E. Ernst e,f, I.C.W. Fitzsimons g, R.A. Fuck h, D.P. Gladkochub i, J. Jacobs j, K.E. Karlstrom k, S. Lu l, L.M. Natapov m, V. Pease n, S.A. Pisarevsky a, K. Thrane o, V. Vernikovsky p a Tectonics Special Research Centre, School of Earth and Geographical Sciences, The University of Western Australia, Crawley, WA 6009, Australia b Department of Geology, Lund University, Solvegatan 12, 223 62 Lund, Sweden c Continental Evolution Research Group, School of Earth and Environmental Sciences, University of Adelaide, Adelaide, SA 5005, Australia d Geological Survey of Canada (retired), 601 Booth Street, Ottawa, Canada K1A 0E8 e Ernst Geosciences, 43 Margrave Avenue, Ottawa, Canada K1T 3Y2 f Department of Earth Sciences, Carleton U., Ottawa, Canada K1S 5B6 g Tectonics Special Research Centre, Department of Applied Geology, Curtin University of Technology, GPO Box U1987, Perth, WA 6845, Australia h Universidade de Bras´ılia, 70910-000 Bras´ılia, Brazil i Institute of the Earth’s Crust SB RAS, Lermontova Street, 128, 664033 Irkutsk, Russia j Department of Earth Science, University of Bergen, Allegaten 41, N-5007 Bergen, Norway k Department of Earth and Planetary Sciences, Northrop Hall University of New Mexico, Albuquerque, NM 87131, USA l Tianjin Institute of Geology and Mineral Resources, CGS, No.
    [Show full text]
  • Balkatach Hypothesis: a New Model for the Evolution of the Pacific, Tethyan, and Paleo-Asian Oceanic Domains
    Research Paper GEOSPHERE Balkatach hypothesis: A new model for the evolution of the Pacific, Tethyan, and Paleo-Asian oceanic domains 1,2 2 GEOSPHERE, v. 13, no. 5 Andrew V. Zuza and An Yin 1Nevada Bureau of Mines and Geology, University of Nevada, Reno, Nevada 89557, USA 2Department of Earth, Planetary, and Space Sciences, University of California, Los Angeles, California 90095-1567, USA doi:10.1130/GES01463.1 18 figures; 2 tables; 1 supplemental file ABSTRACT suturing. (5) The closure of the Paleo-Asian Ocean in the early Permian was accompanied by a widespread magmatic flare up, which may have been CORRESPONDENCE: avz5818@gmail .com; The Phanerozoic history of the Paleo-Asian, Tethyan, and Pacific oceanic related to the avalanche of the subducted oceanic slabs of the Paleo-Asian azuza@unr .edu domains is important for unraveling the tectonic evolution of the Eurasian Ocean across the 660 km phase boundary in the mantle. (6) The closure of the and Laurentian continents. The validity of existing models that account for Paleo-Tethys against the southern margin of Balkatach proceeded diachro- CITATION: Zuza, A.V., and Yin, A., 2017, Balkatach hypothesis: A new model for the evolution of the the development and closure of the Paleo-Asian and Tethyan Oceans criti- nously, from west to east, in the Triassic–Jurassic. Pacific, Tethyan, and Paleo-Asian oceanic domains: cally depends on the assumed initial configuration and relative positions of Geosphere, v. 13, no. 5, p. 1664–1712, doi:10.1130 the Precambrian cratons that separate the two oceanic domains, including /GES01463.1. the North China, Tarim, Karakum, Turan, and southern Baltica cratons.
    [Show full text]
  • Comparing Sex Buyers with Men Who Don't Buy Sex: "You Can Have a Good Time with the Servitude" Vs
    Comparing Sex Buyers with Men Who Don’t Buy Sex “You can have a good time with the servitude” vs. “You’re supporting a system of degradation” “John” by Christine Stark © 2000.All Rights Reserved Melissa Farley, Emily Schuckman, Jacqueline M. Golding, Kristen Houser, Laura Jarrett, Peter Qualliotine, Michele Decker Psychologists for Social Responsibility Annual Conference Boston, Massachusetts July 15, 2011 Research by Prostitution Research & Education Research Supported by Hunt Alternatives Fund Melissa Farley, Emily Schuckman, Jacqueline M. Golding, Kristen Houser, Laura Jarrett, Peter Qualliotine, Michele Decker (2011) Comparing Sex Buyers with Men Who Don't Buy Sex: "You can have a good time with the servitude" vs. "You're supporting a system of degradation" Paper presented at Psychologists for Social Responsibility Annual Meeting July 15, 2011, Boston, MA. San Francisco: Prostitution Research & Education © 2011. All Rights Reserved. For more information contact the first author at [email protected] 1 TABLE OF CONTENTS Table 1. Comments about Prostitution by Sex Buyers and Non-Sex Buyers.........................................................03 SUMMARY OF FINDINGS AND RECOMMENDATIONS...................................................04 Acknowledgements...........................................................................................................................................................05 INTRODUCTION...............................................................................................................................07
    [Show full text]
  • Apartheid Laws & Regulations
    APARTHEID LAWS & REGULATIONS : INTRODUCED AND RESCINDED A Short Summary The absurdity of apartheid legislation, which incorporated legislation passed by the (minority) white governments prior to 1948, is reflected in the following list . Although the legislation was seemingly passed in the interest of the white minority, to maintain both political and social hegemony, it is obvious that most of the measures carried little or no economic benefit for the ruling class and that its scrapping would be in the interests of the capitalist class as well as the majority of blacks . For blacks the end of apartheid laws meant that the hated pass system was abolished, that the legality of residential apartheid was removed from the statute book and that antu education was formally ended . Nonetheless there was little freedom for the poor to move from their squatter camps or township houses and most children still went to third rate schools with few amenities to assist them . It was only a section of the wealthier blacks and those who ran the political machine that benefited most fully from the changes . The vast majority saw no improvements in their way of life, a matter that is dealt with in this issue of Searchlight South Africa . It is also not insignificant that many measures were repealed before the unbanning of opposition political movements and before negotia- tions got under way. The pressure for change came partly from the activities of the internal resistance movement and the trade unions, from covert discussions between movements that supported the government and the ANC, from the demographic pressure that led to a mass migra- tion to the urban areas and also from the altered relations between the USSR and the west - a change which was interpreted by the govern- ment as removing the communist threat from the region .
    [Show full text]
  • 1999, Using the Sweat Lodge Ceremony As Group Therapy For
    This article was downloaded by: [University of Arizona] On: 21 December 2010 Access details: Access Details: [subscription number 789363144] Publisher Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37- 41 Mortimer Street, London W1T 3JH, UK The Journal for Specialists in Group Work Publication details, including instructions for authors and subscription information: http://www.informaworld.com/smpp/title~content=t713658627 Using the sweat lodge ceremony as group therapy for navajo youth Stephen A. Colmanta; Rod J. Mertab a Alliance Treatment Foster Care, Las Cruces, NM b New Mexico State University, To cite this Article Colmant, Stephen A. and Merta, Rod J.(1999) 'Using the sweat lodge ceremony as group therapy for navajo youth', The Journal for Specialists in Group Work, 24: 1, 55 — 73 To link to this Article: DOI: 10.1080/01933929908411419 URL: http://dx.doi.org/10.1080/01933929908411419 PLEASE SCROLL DOWN FOR ARTICLE Full terms and conditions of use: http://www.informaworld.com/terms-and-conditions-of-access.pdf This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material.
    [Show full text]
  • Paleomagnetic Constraints on the Duration of the Australia-Laurentia Connection in the Core of the Nuna Supercontinent Uwe Kirscher1,2*, Ross N
    https://doi.org/10.1130/G47823.1 Manuscript received 1 May 2020 Revised manuscript received 11 August 2020 Manuscript accepted 14 August 2020 © 2020 The Authors. Gold Open Access: This paper is published under the terms of the CC-BY license. Published online 23 September 2020 Paleomagnetic constraints on the duration of the Australia-Laurentia connection in the core of the Nuna supercontinent Uwe Kirscher1,2*, Ross N. Mitchell3,1*, Yebo Liu1, Adam R. Nordsvan4,1, Grant M. Cox1,5, Sergei A. Pisarevsky1,6, Chong Wang1,3,7, Lei Wu1,8, J. Brendan Murphy1,9 and Zheng-Xiang Li1 1 Earth Dynamics Research Group, The Institute for Geoscience Research (TIGeR), School of Earth and Planetary Sciences, Curtin University, Bentley, Western Australia 6102, Australia 2 Department of Geosciences, University of Tübingen, Tübingen 72076, Germany 3 State Key Laboratory of Lithospheric Evolution, Institute of Geology and Geophysics, Chinese Academy of Sciences, Beijing 100029, China 4 Department of Earth Sciences, University of Hong Kong, Pokfulam, Hong Kong 5 Tectonics and Earth Science (TES) Group, Department of Earth Sciences, The University of Adelaide, Adelaide, South Australia 5005, Australia 6 Institute of the Earth’s Crust, Siberian Branch of the Russian Academy of Sciences, Irkutsk 664033, Russia 7 Department of Geosciences and Geography, University of Helsinki, Helsinki 00014, Finland 8 Department of Physics, University of Alberta, Edmonton, AB T6G 2R3 Alberta, Canada 9 Department of Earth Sciences, St. Francis Xavier University, Antigonish, Nova Scotia B2G 2W5, Canada ABSTRACT et al., 2019), suggests that the original proto- The Australia-Laurentia connection in the Paleoproterozoic to Mesoproterozoic supercon- SWEAT connection is valid at ca.
    [Show full text]
  • Detrital Zircon U–Pb, Hf Isotopes, Detrital Rutile and Whole-Rock
    Precambrian Research 254 (2014) 290–305 Contents lists available at ScienceDirect Precambrian Research jo urnal homepage: www.elsevier.com/locate/precamres Detrital zircon U–Pb, Hf isotopes, detrital rutile and whole-rock geochemistry of the Huade Group on the northern margin of the North China Craton: Implications on the breakup of the Columbia supercontinent a,b,∗ b a Chaohui Liu , Guochun Zhao , Fulai Liu a Institute of Geology, Chinese Academy of Geological Sciences, Beijing 100037, China b Department of Earth Sciences, The University of Hong Kong, Pokfulam Road, Hong Kong a r t a b i c l e i n f o s t r a c t Article history: Supracrustal successions in the Zhaertai–Bayan Obo–Huade rift zone on the northern margin of the North Received 14 August 2013 China Craton include the Zhaertai, Bayan Obo and Huade Groups from west to east. The Huade Group, Received in revised form 18 August 2014 which has been subdivided into four formations, is composed of basal pebbled quartzites, quartzites, Accepted 15 September 2014 schists, phyllites, marbles, slates and diopsidites. Geochemistry of the metasedimentary succession indi- Available online 28 September 2014 cates that source rocks of the lower two formations are felsic, displaying passive margin signatures, whereas those of the upper two formations have continental island arc or active continental margin Keywords: signatures. U–Pb ages of detrital zircons from the group yielded three age populations of 2690–2450, Zhaertai–Bayan Obo–Huade rift zone 2150–1710 and 1660–1330 Ma, of which the youngest age population only exist in the upper Huade North China Craton Geochemistry Group.
    [Show full text]
  • Violence Against Sex Workers in Africa
    VIOLENCE AGAINST SEX WORKERS IN AFRICA “Every sex worker has got a story to tell about violence” This study was commissioned by the African Sex Worker Alliance (ASWA), under the KP REACH Programme, a regional programme to address HIV amongst key populations in the SADC Region, funded by the Global Fund. KP REACH was managed by Principal Recipient Hivos, and implemented by 4 networks [ASWA; African Men for Sexual Health and Rights (AMSHeR), Coalition of African Lesbians (CAL); and the Southern African Trans* Forum (SATF)], and 3 partner organisations [SAfAIDS, Positive Vibes, and M&C Saatchi] Suggested Citation: African Sex Worker Alliance (2019). “Every sex worker has got a story to tell about violence”: Violence against sex workers in Africa. Nairobi. Research by: Maria Stacey and Brian Kanyemba, Equal Africa DTP and artwork by Jaywalk Design, Cape Town, South Africa Cover image courtesy of Voice of our Voices, eSwatini 2 VIOLENCE AGAINST SEX WORKERS IN AFRICA CONTENTS ABOUT THIS STUDY ............................................................................................................................. 6 Background .......................................................................................................................................... 6 Key Populations Representation Evidence and Advocacy for Change in Health [KP REACH] Programme ................................................................................................................................... 6 Meaningful Representation, Dialogue and Advocacy Action
    [Show full text]
  • Curren T Anthropology
    Forthcoming Current Anthropology Wenner-Gren Symposium Curren Supplementary Issues (in order of appearance) t Human Biology and the Origins of Homo. Susan Antón and Leslie C. Aiello, Anthropolog Current eds. e Anthropology of Potentiality: Exploring the Productivity of the Undened and Its Interplay with Notions of Humanness in New Medical Anthropology Practices. Karen-Sue Taussig and Klaus Hoeyer, eds. y THE WENNER-GREN SYMPOSIUM SERIES Previously Published Supplementary Issues April THE BIOLOGICAL ANTHROPOLOGY OF LIVING HUMAN Working Memory: Beyond Language and Symbolism. omas Wynn and 2 POPULATIONS: WORLD HISTORIES, NATIONAL STYLES, 01 Frederick L. Coolidge, eds. 2 AND INTERNATIONAL NETWORKS Engaged Anthropology: Diversity and Dilemmas. Setha M. Low and Sally GUEST EDITORS: SUSAN LINDEE AND RICARDO VENTURA SANTOS Engle Merry, eds. V The Biological Anthropology of Living Human Populations olum Corporate Lives: New Perspectives on the Social Life of the Corporate Form. Contexts and Trajectories of Physical Anthropology in Brazil Damani Partridge, Marina Welker, and Rebecca Hardin, eds. e Birth of Physical Anthropology in Late Imperial Portugal 5 Norwegian Physical Anthropology and a Nordic Master Race T. Douglas Price and Ofer 3 e Origins of Agriculture: New Data, New Ideas. The Ainu and the Search for the Origins of the Japanese Bar-Yosef, eds. Isolates and Crosses in Human Population Genetics Supplement Practicing Anthropology in the French Colonial Empire, 1880–1960 Physical Anthropology in the Colonial Laboratories of the United States Humanizing Evolution Human Population Biology in the Second Half of the Twentieth Century Internationalizing Physical Anthropology 5 Biological Anthropology at the Southern Tip of Africa The Origins of Anthropological Genetics Current Anthropology is sponsored by e Beyond the Cephalic Index Wenner-Gren Foundation for Anthropological Anthropology and Personal Genomics Research, a foundation endowed for scientific, Biohistorical Narratives of Racial Difference in the American Negro educational, and charitable purposes.
    [Show full text]
  • School Leadership Under Apartheid South Africa As Portrayed in the Apartheid Archive Projectand Interpreted Through Freirean Education
    University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 2021 SCHOOL LEADERSHIP UNDER APARTHEID SOUTH AFRICA AS PORTRAYED IN THE APARTHEID ARCHIVE PROJECTAND INTERPRETED THROUGH FREIREAN EDUCATION Kevin Bruce Deitle University of Montana, Missoula Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Deitle, Kevin Bruce, "SCHOOL LEADERSHIP UNDER APARTHEID SOUTH AFRICA AS PORTRAYED IN THE APARTHEID ARCHIVE PROJECTAND INTERPRETED THROUGH FREIREAN EDUCATION" (2021). Graduate Student Theses, Dissertations, & Professional Papers. 11696. https://scholarworks.umt.edu/etd/11696 This Dissertation is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. SCHOOL LEADERSHIP UNDER APARTHEID SCHOOL LEADERSHIP UNDER APARTHEID SOUTH AFRICA AS PORTRAYED IN THE APARTHEID ARCHIVE PROJECT AND INTERPRETED THROUGH FREIREAN EDUCATION By KEVIN BRUCE DEITLE Dissertation presented in partial fulfillment of the requirements for the degree of Doctor of Philosophy in International Educational Leadership The University of Montana Missoula, Montana March 2021 Approved by: Dr. Ashby Kinch, Dean of the Graduate School
    [Show full text]
  • Apartheid Legislation in South Africa
    Ralph Glücksmann Apartheid Legislation in South Africa I. Introduction On 31 May 1910 the Union of South Africa was formed as a dominion in the British Empire. It was exactly eight years after the signing of the Treaty of Vereeniging, which had brought the Second Anglo-Boer War to an end and stipulated full British sovereignty over the Boer republics of Transvaal and Orange Free State. Although the South Africa Act 1909 (9 Edw. VII c. 9) was passed by the British Parliament at Westminster, it was wholly constructed by South African representatives in South Africa. Agreement had not been reached without acrimony, and there were times when it seemed that the national convention of representatives of the four colonies Cape, Natal, Transvaal and Orange River might break up among recriminations. Das Kap wurde 1806 britische Kolonie. Davor war das Kap eine niederländische Kolonie, gegründet von der Niederländischen Ostindien-Kompanie (Vereenigde Oostindische Compagnie), die vom niederländischen Staat Hoheitsrechte erhalten hatte. Als die Niederlande 1795 im Zuge des ersten Koalitionskrieges von Frankreich be- setzt wurden, nutzten die Briten eine Rebellion in der Kapkolonie, um diese unter ihre Herrschaft zu bringen und den Franzosen zuvorzukommen. 1803 zogen sich die Briten nach dem Frieden von Amiens zunächst wieder zu- rück und überließen das Kap der Batavischen Republik als Rechtsnachfolgerin der 1798 aufgelösten Niederlän- dischen Ostindien-Kompanie. Bereits 1806 annektierte Großbritannien nach der Schlacht von Blauberg die Kap- kolonie jedoch endgültig, nachdem die napoleonischen Kriege in Europa wieder aufgeflammt waren. 1815 wur- de die Abtretung an das britische Kolonialreich auf dem Wiener Kongress von den Niederlanden bestätigt, die als Kompensation die früheren Österreichischen Niederlande erhielten.
    [Show full text]
  • Compulsory Monogamy and Polyamorous Existence Elizabeth Emens
    University of Chicago Law School Chicago Unbound Public Law and Legal Theory Working Papers Working Papers 2004 Monogamy's Law: Compulsory Monogamy and Polyamorous Existence Elizabeth Emens Follow this and additional works at: https://chicagounbound.uchicago.edu/ public_law_and_legal_theory Part of the Law Commons Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere. Recommended Citation Elizabeth Emens, "Monogamy's Law: Compulsory Monogamy and Polyamorous Existence" (University of Chicago Public Law & Legal Theory Working Paper No. 58, 2004). This Working Paper is brought to you for free and open access by the Working Papers at Chicago Unbound. It has been accepted for inclusion in Public Law and Legal Theory Working Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 58 MONOGAMY’S LAW: COMPULSORY MONOGAMY AND POLYAMOROUS EXISTENCE Elizabeth F. Emens THE LAW SCHOOL THE UNIVERSITY OF CHICAGO February 2003 This paper can be downloaded without charge at http://www.law.uchicago.edu/academics/publiclaw/index.html and at The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=506242 1 MONOGAMY’S LAW: COMPULSORY MONOGAMY AND POLYAMOROUS EXISTENCE 29 N.Y.U. REVIEW OF LAW & SOCIAL CHANGE (forthcoming 2004) Elizabeth F. Emens† Work-in-progress: Please do not cite or quote without the author’s permission. I. INTRODUCTION II. COMPULSORY MONOGAMY A. MONOGAMY’S MANDATE 1. THE WESTERN ROMANCE TRADITION 2.
    [Show full text]