Research
The common denominator of my research is a keen interest in the role that gender plays in relation to law, society, politics, culture and human behaviour. With a focus on legal issues concerning sex, gender, gender identity, gender expression, gender roles, sexual orientation, class, ethnicity and culture, often in combination, I produce both basic and applied research.
From a post-colonial perspective, based on feminist jurisprudence, a human rights-based approach and African feminism, I conduct legal research where women's experiences and lived realities are at the centre. My research engages, for example, with sexual and gender-based violence, different forms of property rights, such as communal ownership, laws on abortion, medical law, social law and how legislation impacts differently on women depending on their gender identity, gender expression, sexual orientation, class, ethnicity and culture. I try to draw attention to what reforms are needed to protect diverse women with different identities, and how we can use research to give both courts and legislatures better conditions for decision-making regarding women's rights and health.
I have also researched criminalization and decriminalization of same-sex relationships and how this affects other freedoms and rights such as freedom of expression and freedom of association. Within my research on the criminalization and decriminalization of same-sex relationships, I have also focused on how the criminalization of same-sex relationships negatively affects transgender persons through the stigma, misconceptions and stereotypes that often occur in the wake of criminalization. Here, police brutality against, and persecution of, transgender persons has also been the focus of my research.
In relation to my various research foci, I place great emphasis on interdisciplinary research and on the development of legal theory, method and terminology to create a stronger bond between human experiences and the law. In recent years I have lived and worked in South Africa and have also had the opportunity to conduct research in a range of other African countries such as Botswana, Ghana, Kenya, Tanzania, Uganda and Malawi.
As a complement to my interdisciplinary research, I have further conducted extensive research in the area of procedural law. With my background in international law, I have focused on jurisdiction, admissibility and and locus standi before international human rights courts, especially in relation to the continental African human rights court, the African Court on Human and Peoples' Rights, and the regional courts for East and West Africa, the East African Court of Justice and the Economic Community of West African States (ECOWAS) Community Court of Justice.
Summary of research foci:
- Feminist Theory, Feminist Legal Theory, African Feminism, Womanism, Queer and Quare Theories.
- Feminist jurisprudence.
- Women’s rights, with specific focus on the Protocol to the African Charter on Human and Peoples’ Rights and the International Convention on the Elimination of all forms of Discrimination Against Women.
- Theoretical conceptualisations of, and legal protection against, sexual and gender-based violence .
- Protection against discrimination based on sexual orientation, gender identity, gender expression.
- Legal recognition of gender affirming care and other relevant treatments, resource allocation in this regard, and transgender budgeting.
- Legal recognition of gender identity and expression and non-binary gender expressions.
- Gendered aspects of sustainable development.
- Women’s political representation and participation.
Teaching
My pedagogical approach is based on an active responsibility for learning and knowledge development. Learning is an ongoing process for each individual and all learning takes its starting point in our own experiences, interests, needs and opinions. This means that we must learn about each other and learn to respect each other before we can learn.
Most of my teaching has taken place within the subject field of human rights or within the framework of subject areas related to human rights. Key concepts in human rights, such as equality, dignity and diversity guides me in my teaching.
I have previously taught courses in international law, human rights from an international and a regional African perspective, human rights and development, legal theory and method, legal interpretation, property law, feminist theory and method, gender jurisprudence, queer theory and African feminism.
Collaboration
I cooperate, amongst other, within the follwing frameworks:
As extraordinary Professor, Department of Public Law, Faculty of Law, University of Stellenbosch.
As visiting Professor at the Southern & Eastern African Regional Centre for Women's Law (SEARCWL-UZ) Harare, Zimbabwe.
As a member of the editorial board of the State Practice and International Law Journal.
https://www.brunel.ac.uk/law/research/journals/state-practice-and-international-law-journal
As a member of the international advisory board of the International Human Rights Law Review, Brill.
https://brill.com/view/journals/hrlr/hrlr-overview.xml
I also cooperate with the Raoul Wallenberg Institute, Lund University and the Centre for Human Rights at the University of Pretoria, South Africa as well as a number of universities and NGOs across the African continent.
Bio
I hold a law degree (Bachelor of Laws) from the University of Lund (1997) and two postgraduate degrees, a master’s degree in international human rights law from the University of Lund (2001) and the degree of Doctor of Philosophy, Peace, and Development Research (PhD) from the School for Global Studies, University of Gothenburg (2010). I became an associate professor of International Law in 2011 and professor of International Law in 2016 at the department of Public Law, Faculty of Law, University of Stellenbosch.
Selected publications
Rudman, A (2024) ‘Rape as manifestation of gender-based discrimination - an exploration of state responsibility for sexual and gender-based violence in the jurisprudence of the ECOWAS Community Court of Justice’ in Rudman A and Fuentes A, Human Rights Adjudication in Africa: Challenges and Opportunities within the African Regional and Sub-Regional Human Rights Systems
https://www.pulp.up.ac.za/component/edocman/human-rights-adjudication-in-africa-challenges-and-opportunities-within-the-african-union-and-sub-regional-human-rights-systems
Mahmoudi, A & Rudman, A (2024) ‘A critical analysis of resocialisation as an obligation, right and remedy under the Maputo protocol in the jurisprudence of the African court on human and peoples’ rights and the ECOWAS Court of Justice’ South African Human Rights Journal, in Rudman A and Fuentes A, Human Rights Adjudication in Africa: Challenges and Opportunities within the African Regional and Sub-Regional Human Rights Systems
https://www.pulp.up.ac.za/component/edocman/human-rights-adjudication-in-africa-challenges-and-opportunities-within-the-african-union-and-sub-regional-human-rights-systems
De Klerk, D & Rudman A, (2024) ‘The ultimate withdrawal: a critical analysis of the jurisprudence of the African Court on Human and Peoples’ Rights in search of explanations beyond the political, in Rudman A and Fuentes A, Human Rights Adjudication in Africa: Challenges and Opportunities within the African Regional and Sub-Regional Human Rights Systems
https://www.pulp.up.ac.za/component/edocman/human-rights-adjudication-in-africa-challenges-and-opportunities-within-the-african-union-and-sub-regional-human-rights-systems
Rudman, A (2023) ‘Introduction’ in Rudman A, Makunya T & C Musembi, Commentary to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Pretoria University Law Press
https://www.pulp.up.ac.za/component/edocman/the-protocol-to-the-african-charter-on-human-and-peoples-rights-on-the-rights-of-women-in-africa-a-commentary
Rudman, A (2023) ‘Preamble’ in Rudman A, Makunya T & C Musembi, Commentary to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Pretoria University Law Press
https://www.pulp.up.ac.za/component/edocman/the-protocol-to-the-african-charter-on-human-and-peoples-rights-on-the-rights-of-women-in-africa-a-commentary
Rudman, A (2023) ‘Article 8’ in Rudman A, Makunya T & C Musembi, Commentary to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Pretoria University Law Press
https://www.pulp.up.ac.za/component/edocman/the-protocol-to-the-african-charter-on-human-and-peoples-rights-on-the-rights-of-women-in-africa-a-commentary
Rudman, A and Mkali T (2023) ‘Article 9’ in Rudman A, Makunya T & C Musembi, Commentary to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Pretoria University Law Press
https://www.pulp.up.ac.za/component/edocman/the-protocol-to-the-african-charter-on-human-and-peoples-rights-on-the-rights-of-women-in-africa-a-commentary
Rudman, A (2023) ‘The (Un)Responsiveness of SADC Constitutions to Gender-Based Violence’ in TL Wærstad, V Strand, J Stewart, K Sandberg & I Ikdahl, Festschrift in Honour of Anne Hellum, Gyldendal Akademisk
Snyman, T & Rudman, A (2022) ‘Protecting transgender women within the African human rights system through an inclusive reading of the Maputo protocol and the proposed Southern African Development Community gender-based violence model law’, Stellenbosch Law Review Special Edition 2022 57-77
https://journals.co.za/doi/full/10.10520/ejc-jlc_slr_v33_n1_a4
Shoko, M Vermaak K and Rudman A, (2022) ‘Role of the police in access to justice for sexual and gender-based violence perpetrated against diverse women in Zimbabwe’ Stellenbosch Law Review Special Edition 2022 123-138
https://journals.co.za/doi/full/10.10520/ejc-jlc_slr_v33_n1_a4
Rudman, A and Mutambasere S, (2022) Introduction: The Responsiveness of the African Human Rights System to Sexual and Gender-Based Violence – with specific focus on cisgender women and persons with diverse gender identities and expression, Stellenbosch Law Review Special Edition 2022 1-8
https://journals.co.za/doi/full/10.10520/ejc-jlc_slr_v33_n1_a4
Rudman, A. (2021) Recognition by the African Union as a locus standi requirement in advisory opinions before the African Court: An analysis of NGOs access to justice under the African regional human rights system, 35 Speculum Juris 1-13
Rudman, A. (2021) The African Charter: Just one treaty among many? The development of the material jurisdiction and interpretive mandate of the African Court on Human And Peoples’ Rights, 21 African Human Rights Law Journal 699-727
Rudman, A. (2020) ‘A Feminist Reading of the Emerging Jurisprudence of the African and ECOWAS Courts Evaluating their Responsiveness to Victims of Sexual and Gender-Based Violence’, 3 Stellenbosch Law Review 424-454
Rudman, A. and Mkali, T. (2020) ‘A Gender Perspective on Electoral Processes in Malawi: The Right of Malawian Women to Participate in the Political Process under the Maputo Protocol’, 35 Southern African Public Law Journal 1, 1-25
Rudman, A. and Fokala, E. (2020) Age or maturity? African children’s right to participate in medical decision-making processes, 20 African Human Rights Law Journal 667-687
Rudman, A. (2019) ‘The Value of the Persistent Objector Doctrine in International Human Rights Law’, 22 Potchefstroom Electronic Journal, 1-38
Rudman, A (2018) ‘Women’s access to regional justice as a fundamental element of the rule of law: The effect of the absence of a women’s rights committee on the enforcement of the African Women’s Protocol’ 18 African Human Rights Law Journal 319-345
Rudman, A. (2017) The Optional Jurisdiction Clause and the Legitimacy of the African Court on Human and Peoples’ Rights under the Broader Human Rights Mandate of the African Union, Vol. 3: 2016-2017 State Practice & International Law Journal, 41-63
Rudman, A. (2016) The African Commission as a Party Before the African Court– Reflections on the Complementarity Arrangement, 19 Potchefstroom Electronic Law Journal, 1-28
Rudman, A. (2015) ‘South Africa’s Obligations to React to the Intensified Criminalisation of Same-sex Conduct in Nigeria and Uganda under Domestic and International Law’ 31 South African Journal on Human Rights 241-268
Rudman, A. (2015) ‘The Protection Against Discrimination Based on Sexual Orientation under the African Human Rights System’, 15 African Human Rights Law Journal 1-27
Rudman, A. (2013) From Passive to Active – Perspective on methods of active learning, participatory course design and dynamic assessment in the field of international human rights law, Proceedings of the Higher Education Learning and Teaching Association of Southern Africa (HELTASA) 2012 22-28
Rudman, A. (2012) ‘Whores, sluts, bitches and retards’ – what do we tolerate in the name of freedom of expression’? 26 Agenda 3 72-80
Rudman, A. (2012) ‘Promoting conversations in a state-centric reality – queer and feminist perspectives on the consultative structure set up by the United Nations under article 71 of the UN Charter’, 36 South African Yearbook of International Law (2011) 163-182
Rudman, A. (2012) Re-defining National Sovereignty the Key to Avoid Constitutional Reform? – Comments on the 2011 Green Paper on Land Reform, 23 Stellenbosch Law Review 3 417-437
Rudman, A. (2012) Genderised land reform and social justice: a gender perspective on the formalization of communal land tenure. In B. Chigara (ed.), Re-conceiving Property Rights in the New Millennium – Towards a New Sustainable Land Relations Policy, London: Routledge, 26- 50
Rudman, A. (2009) Mänskliga rättigheter i Afrika, in Spång M. (ed.) Mänskliga rättigheter – ett ofullbordat uppdrag, Malmö: Liber Förlag
Edited volumes
Editor (2024) Women’s Rights, Gender Inequality and Intersectional Vulnerabilities: Exploring Substantive Transformative Equality in the African Regional and Sub-Regional Human Rights Systems 20 years after the adoption of the Maputo Protocol, Pretoria University Law Press.
Co-editor with Dr Alejandro Fuentes
Editor (2024) Human Rights Adjudication in Africa: Challenges and Opportunities within the African Regional and Sub-Regional Human Rights Systems, Pretoria University Law Press.
Co-editor with Dr Alejandro Fuentes.
Lead editor (2023) Commentary on the Protocol to the African Charter on theRights of Women in Africa, Pretoria University Law Press.
Co-editors Dr Celestine Musembi and Dr Tresor Makunyu.
Lead editor (2022) Special Edition of Stellenbosch Law Review, The Responsiveness of the African Human Rights System to Sexual and Gender-Based Violence: With specific focus on cisgender women and persons with diverse gender identities and expression.
Co-editor Susan Mutambasere.
Lead-editor (2020) Special Edition of the Southern African Journal of Public Law, Electoral Democracy in Africa.
Co-editors Dr Elvis Fokala and Dr Babatunde Fagbayibo.