<p>African labour laws, born from colonial oppression and strengthened by neoliberal forces, deliberately ignore women’s reproductive, informal and communal work, stripping it of legal recognition and safeguards, thus maintaining severe gendered inequalities that affect the entire continent. This article explores this ignorance with a comparative look at legal systems in Kenya, Ghana and South Africa, picked as an African triangle connecting East, West and Southern Africa to show common colonial wounds and regional differences in a smart way. It shows how narrow definitions lift formal wage work while hiding important care and informal efforts key to women’s daily lives. The crux of this article is to push for a complete rethink of labour law based in care ethics, intersectionality and dignity to confirm, share and pay for all kinds of women’s labour. This care-based method introduces fairness, expanding the right to work past employment contracts to cover social reproduction and group unity in African settings.</p>

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Beyond the Contract: A Pan-African Feminist Reimagining of Labour Laws and the Right to Work

  • Beth Moraa,
  • Youngreen Peter Mudeyi

摘要

African labour laws, born from colonial oppression and strengthened by neoliberal forces, deliberately ignore women’s reproductive, informal and communal work, stripping it of legal recognition and safeguards, thus maintaining severe gendered inequalities that affect the entire continent. This article explores this ignorance with a comparative look at legal systems in Kenya, Ghana and South Africa, picked as an African triangle connecting East, West and Southern Africa to show common colonial wounds and regional differences in a smart way. It shows how narrow definitions lift formal wage work while hiding important care and informal efforts key to women’s daily lives. The crux of this article is to push for a complete rethink of labour law based in care ethics, intersectionality and dignity to confirm, share and pay for all kinds of women’s labour. This care-based method introduces fairness, expanding the right to work past employment contracts to cover social reproduction and group unity in African settings.