Positive State Duties to Protect Women from Violence: Recent South African Development

"Against [the] background [of a civil action instituted by a rape survivor], this article aims to establish the combined influence of the South African Constitution and recent developments in the sphere of international human rights law on state obligations to address violence against women. It first examines the nature of state duties created by human rights generally. It evaluates the role of international law in the interpretation of the South African Bill of Rights, and subsequently analyzes the obligations created under a number of international human rights instruments. This analysis is then used as a basis for examining the effect of the inclusion of the right to be free from violence in the Final Constitution. The article finally draws conclusions regarding the scope and implications of this right and related duties created by international law."