Galgut, H.L.; (2011) Neither seen nor heard: the legally (in)visible condition of South African domestic workers sexually harassed in the homes in which they work. Masters thesis , UCL (University College London).

Abstract

Accepting that a nation isn't free until its women are free, this thesis engages critically with specific aspects of South Africa's developing Gender Law jurisprudence and its theoretical underpinnings in assessing the extent to which the conceptualisation, interpretation and application of relevant rights, principles and legislative provisions meet the objectives of substantive equality given the complex discrimination in the lived realities of women's lives - particularly those of the most vulnerable and marginalized, being poor, black women, domestic workers sexually harassed in the homes in which they work. The thesis further explores these women's bodies and lives as sites of resisting oppression and ongoing, embodied, discrimination – positing that 'the struggle' is not over, it is merely that the veils of secrecy in which the sexual harassment of domestic workers has traditionally been shrouded are being lifted, revealing the need for more nuanced legal understanding as well as contextually sensitive and indigenous responses aimed at providing meaningful protection as well as transformative relief. Concluding that these women's equality rights remain poignantly unfulfilled, strategic litigation, law and systemic reform as well as further recommendations for research, advocacy, skills development and socio-economic upliftment are proffered as part of a multi-pronged and inter-sectoral methodological course aimed at enhancing their substantive equality and addressing lacunae that remain.

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