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#WomenofSU: Enhancing access to justice for women, LGBTQ and gender-diverse people

#WomenofSU: Enhancing access to justice for women, LGBTQ and gender-diverse people

Corporate Communication & Marketing / Korporatiewe Kommunikasie & Bemarking
18 August 2021

​Women, LGBTQ and gender-diverse people face many obstacles when they seek justice for crimes such as rape, assault or police brutality. They need all the support they can get to access the courts and to receive a fair trial, says Prof Annika Rudman from the Department of Public Law.

As part of South Africa's Women's Month celebrations, she tells us more about how her research is making a valuable contribution in this regard.

Tell us more about your research

The overarching field of my research is the African Human Rights system, where I specifically focus on women's rights and the protection of Sexual Orientation, Gender identity and Expression (SOGIE)-rights. Lately, I have also more and more come to research different aspects of access to justice, as women and LGBTQ persons struggle to gain access to justice both at the domestic and regional levels. I think it is important to champion the African and regional human rights system as many Africans struggle to find justice within their own domestic systems where patriarchy, homophobia and transphobia often prevent them from either accessing the courts or from receiving a fair trial. In countries where, for example, marital rape is not criminalised or where 'crimes against the order of nature are still enforced, seeking justice for violent crimes such as rape or police brutality is almost impossible.

Why or how did you become interested in this specific area of research?

I have always been interested in the theory behind the law and studied feminist, critical race and queer theories as part of my postgraduate studies. This was a safe space where I could think creatively about the law and the possibilities of the law, but it ultimately lacked a real connection with human experiences and lived realties. To venture out into the real world I conducted my PhD as a combination of a field study and doctrinal research. I also majored both in international law and development studies to be able to better understand some of the authentic conditions of the law. From this grew an interest in intersecting vulnerabilities and our ever-changing identities. I have had the opportunity and privilege to live and work in all parts of Africa, except Northern Africa, and I think it was my interaction with different women's rights grassroots organisations across the continent that encouraged me to focus specifically on the African Union system and how to best promote and develop this system to improve the lived experiences of African women, non-heterosexual and gender diverse individuals.

Why do you think this is such an important area of research for South African women?

Working in a predominately pan-Africa setting, I think this area of research is important to all Africans, women, men and gender diverse alike. To overcome the challenges that we face as humanity, e.g., climate change, illnesses and poverty, we need all hands on deck. We cannot afford to leave the greater part of humanity behind in terms of the right to a dignified life.

The pandemic has changed the way we work and live. What keeps you motivated during these times?

The fact that women, LGBTQ and gender-diverse persons have become even more marginalised and brutalised during the pandemic spurs my research.

Tell us something exciting about yourself that few people would expect

I write quite gory detective stories in the little spare time that I have and thus I am in constant search for characters both to fictionally kill and keep alive.

What would your message be for the next generation of women researchers?

To research with passion, celebrate every achievement and allow yourself to have a work-life /private-life balance that promotes your wellbeing. It is a well-known fact that women researchers often have more – and diverse – demands placed on them than their male counterparts. You need to take cognisance of this and be kind to yourself.