The right to culture and the culture of rights: a critical perspective on women’s sexual rights in Africa

The opposition of ‘culture’ and ‘rights’ is not uncommon in feminist legal discourse. This article argues that such an approach is fraught with danger as it creates an extremely restrictive framework within which African women can challenge domination; it limits our strategic interventions for transforming society and essentially plays into the hands of those seeking to perpetuate and solidify the existing structures of patriarchy. Drawing examples from a parallel research on Gender, Law and Sexuality, I propose that a more critical and interpretative approach to these two concepts may present a different perspective to portrayals of ‘tradition’ as constraining and/or fixed often displayed in mainstream feminist legal thinking.     

COMPETITION IN PROFESSIONAL SERVICES MARKETS: ARE LATIN NOTARIES DIFFERENT?

Competition in markets for services offered by Latin notariesmay not work properly because of information asymmetries andthe need to guarantee an optimal supply of public goods. InEurope, there have been two test cases allowing for an assessmentof the effects of liberalization: the abolishment of the solicitors’monopoly for conveyancing services in England and Wales andthe deregulation of the Dutch notary profession. Both casesshow that deregulation does not guarantee lower prices. Moreover,the Dutch experience shows that there is a justified concernthat competition may decrease quality and jeopardize the notary'sintegrity. For these reasons, regulation may be justified aslong as effective instruments to control and monitor qualityare not (yet) in place. Since legal certainty has characteristicsof a public good, competition also tends to increase the numberof disputes on the legal validity of documents certifying legaltransactions. A comparison of the tasks of a Latin notary andthose of an American notary public provides reasons to fearthat, after deregulation, protection against legally invalidtransactions may be available only at higher prices. Finally,the Dutch experience shows that fee regulations remain necessaryto guarantee the accessibility of notarial services.