CGE ANNUAL REPORT

2022/23 ANNUAL REPORT

1.2 S trategic Outcome 3: Monitoring and research investigations on issues that undermine the attainment of gender equality and women’s empowerment. The purpose of the strategic outcome is to transform behaviour to respect and uphold gender equality and to further ensure effectively and efficient social justice for victims of gender violations. 1.2.1. Research Study 1: When Relations Disentangle. This study was carried out for two key reasons. Firstly, there continue to be persistent reports of complaints from unmarried, separated and/or divorced fathers regarding their rights in relation to children in the custody of their ex-partners. Secondly, this problem is clearly an issue that falls within the mandate of the Commission for Gender Equality to examine, with aim of seeking policy responses to ensure that the rights of separated, divorced and/or unmarried fathers are respected, protected, and promoted. Despite provisions contained in the Children’s Act stating and clarifying parental responsibilities and rights, there are persistent conflicts – often battles – between unmarried, separated and/or divorced parents in South Africa, over access to and contact with children. Fathers regularly complain of being denied contact with their children in the wake of a broken relationship with the child/children’s mothers, and this seems to be increasing at an alarming rate. This is often due to an array of circumstances. The CGE notes that the law often appears not provide relief for them. The study sought to achieve the following objectives: • To explore challenges that unmarried, divorced and/or separated fathers experience with accessing and enjoying full parental responsibilities and rights; • To gain insights into the key factors (such as social, cultural, economic, and financial) that serve to prevent biological fathers from enjoying their full parental rights and exercising their responsibilities as fathers; and, • To assess the effectiveness of current institutional, legislative, and legal initiatives or efforts to protect and promote the parental rights of unmarried, divorced and/or separated biological fathers. Conclusions of the Study: The Commission for Gender Equality comes to four conclusions based on the presentation of the findings of this study. Firstly, there is a combination of factors that lead to the prohibition of fathers enjoying their full responsibilities and rights, particularly the right of contact. Primarily, this is anchored on a soured relationship with the mother of the child. More broadly, other economic, social and cultural factors rest on this which enables and sustains this denial of contact. In other words, issues experienced by either parent such as family interference, financial constraints, allegations of abuse or drugs and alcohol abuse, hinge on the sometimes volatile and hostile relationship between parents which paves the way for the denial of contact of fathers. Secondly, the broader legal and social system is incoherent, staggered and is not harmonious in dealing with individual cases brought forward.

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