Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
Articles on Traditional Courts
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The role and efficacy of the traditional crime-prevention measures in Iraye-Oke are widely acknowledged by people who live in the area.
In countries where people access different justice providers, a hybrid model could pull them together and ensure better oversight and human rights.
By challenging the courts, King Dalindyebo is testing the degree of impunity with which traditional leaders can get away.
The Traditional Courts Bill ignores concerns that women do not get a fair hearing. The courts tend to rule in line with patriarchal values; violating the constitution, which guarantees equality.
