Analysis of Existing Legal and Policy Frameworks: Gaps and Limitations
摘要
This chapter critically examines the treatment of sexual and gender-based violence (SGBV) under both international and South African legal and policy frameworks. It traces the historical marginalisation of SGBV within international criminal law and transitional justice, and evaluates how gender justice scholars and institutions have attempted to address these exclusions. The chapter then provides a detailed analysis of South Africa’s domestic legislative and policy landscape, categorised into three key areas: women’s equality, patriarchy, and SGBV/femicide. Through a gap analysis, the chapter identifies five persistent challenges: inconsistent implementation, lack of awareness around victims’ rights, training deficiencies, inadequate monitoring and evaluation, and legal obstacles. It argues that transitional justice mechanisms, such as truth commissions, can fill these systemic gaps by addressing underlying patriarchal structures, improving institutional accountability, and enhancing survivor-centred approaches. The chapter ultimately supports the case for a gender-sensitive SGBV truth commission tailored to the South African context.