8 Geo. J. Gender & L. 883 (2007)
Divorce Reform: Rights Protections in the New Swaziland

handle is hein.journals/grggenl8 and id is 889 raw text is: DIVORCE REFORM: RIGHTS PROTECTIONS IN THE
NEW SWAZILAND
TAMAR EZER, AISHA GLASFORD, ELIZABETH HOLLANDER, LAKEISHA POOLE,
GRANT RABENN, AND ALEXANDRIA TINDALL
EDITOR: TAMAR EZER*
I. INTRODUCTION .........................................             886
II. RIGHT TO DIVORCE ....................................... 889
A. RESTRICTIONS ON THE AVAILABILITY OF DIVORCE UNDER THE
CURRENT SYSTEM VIOLATE A WOMAN'S RIGHT TO A
MARRIAGE OF HER CHOICE AND FREEDOM OF ASSOCIATION...          889
1. A Woman Has a Right to the Marriage of Her Choice,
as Guaranteed by Her Right to Consent and Right to
Marry ......................................... 891
2. A Woman's Right to Freedom of Association is Violated
When She is Forced to Stay in a Loveless and Unwanted
Marriage ....................................... 892
B. REQUIRING WOMEN TO REMAIN IN ABUSIVE, ADULTEROUS, OR
POLYGAMOUS MARRIAGES VIOLATES THEIR PHYSICAL
INTEGRITY, INCLUDING THEIR RIGHTS TO LIFE, HEALTH, AND
FREEDOM FROM TORTURE .............................. 893
1. Forcing Women to Remain in Violent and Abusive
Marriages Undermines Their Physical Integrity .......     894
2. Trapping Women in Economically Abusive or
Neglectful Marriages Violates Their Physical Integrity
and That of Their Children ......................... 896
3. Tying Women to Adulterous or Polygamous Marriages
in Which They May be Neglected or Exposed to HIV
Violates Their Right to Physical Integrity ............   897
C. ENABLING DIVORCE WOULD RESPECT A WOMAN'S RIGHT TO
* This article is a result of collaboration between Georgetown's International Women's Human Rights
Clinic, directed by Professor Susan Deller Ross; Swaziland Action Group Against Abuse (SWAGAA),
directed by Nonhlanhla Dlamini; and Women and the Law in Southern Africa-Swaziland (WLSA),
directed by Lomcebo Dlamini. The initial report and proposed statutes were drafted by Spring 2006
Clinic students: Aisha Glasford, Elizabeth Hollander, Lakeisah Poole, Grant Rabenn, and Alexandria
Tindall under the supervision of Clinic attorney-fellow Tamar Ezer and Swazi attorney Lindiwe
Ngcamphalala. The Spring 2006 fact-finding team also included the following participants: Shawneequa
Callier, Ginger Faulk, Makiko Harunari, D6d6 Koffie-Lart, Paula Skedsvold, Gwynne Skinner, Melanie
Stofko, and Aaron Zisser from the United States; and Bheki Dlamini, Thabisile Langa, Xolile Mazibuko,
Philile Mlotshwa, Arcon Mndzebele, Busisiwe Ntsele, Veli Ngwenya, and Bonginkhosi Sengwayo from
Swaziland. This article is a revised and edited version of the initial report, prepared by Tamar Ezer.

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