The Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962) establishes that all States Parties should take “legislative action to specify a minimum age of marriage” (Arts. 1, 2 and 3) (United Nations, 1962[1]).
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979) states that “the betrothal and the marriage of a child shall have no legal effect” (Art. 16 (2)) (United Nations, 1979[2]).
The 2030 Agenda for Sustainable Development aims to “eliminate all harmful practices, such as child, early and forced marriage” under Sustainable Development Goal (SDG) target 5.3 (United Nations, 2016[3]).
The African Charter on the Rights and Welfare of the Child states that “child marriage and the betrothal of girls and boys shall be prohibited”, and that the minimum age for marriage shall be legally set at 18 years. It also states as compulsory the registration of all marriages in an official registry (Art. 21 (2)) (African Union, 1990[4]).
The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (“The Maputo Protocol”) (2003) declares that “the minimum age of marriage for women shall be 18 years” (Art. IV (b)) and that “no marriage shall take place without free and full consent of both parties” (Art. VI (a)) (African Union, 2003[5]).
SIGI 2021 Regional Report for Africa
Annex A. International and regional standards on women’s rights
International and regional recognition of women’s rights in the family sphere
Child marriage is recognised in international legal instruments as a serious violation of a child’s human rights.
The right to gender equality in the family sphere is enshrined in international treaties and benefits from a wide international consensus.
The CEDAW (1979) affirms women’s and men’s equal rights and responsibilities as parents (Art. 16 (c)) and acknowledges that women have the same rights and responsibilities as men concerning guardianship, wardship and trusteeship of children (Art. 16 (g)) (United Nations, 1979[2]).
The Beijing Declaration and Platform for Action (1995) promotes the sharing of equal responsibility for the family between men and women and considers the critical role of equality in their well-being and that of their families (Art. 15) (Fourth World Conference on Women, 1995[6]).
Target 5.4 of the SDGs (2015) advocates “the promotion of shared responsibility within the household and the family” and highlights the need to “recognize and value unpaid care and domestic work” (United Nations, 2016[3]).
The African Charter on Human and People’s Rights (1981) calls on State parties to ensure “the elimination of every discrimination against women” (Art.18 (3)) (African Union, 1981[7]).
The Maputo Protocol (2003) states that both women and men “shall jointly contribute to safeguarding the interests of the family” (Art. IV (i)) (African Union, 2003[5]).
Although women’s entitlement to equality on and after divorce is not considered a human right, it has been acknowledged by the CEDAW.
The CEDAW (1979) calls on States Parties to eliminate discrimination against women when entering into and during marriage, and at its dissolution (Art. 16 (1)) (United Nations, 1979[2]).
The Maputo Protocol (2003) promotes equal treatment and rights for men and women in the case of separation, divorce or annulment of marriage, including the equitable sharing of joint property (Art. VII) (African Union, 2003[5])
A link has been recognised between women’s restricted inheritance rights and incidence of poverty.
The Beijing Declaration and Platform for Action (1995) calls on governments to undertake legislative and administrative reforms to give women and girls full rights to the inheritance of land and other property (para. 60 (f)), and to review national inheritance tax systems to eliminate any existing bias against women (para. 165 (f)) (Fourth World Conference on Women, 1995[6]).
General Recommendation No. 29 of Article 16 of the CEDAW (2013) establishes the principle of equal treatment of surviving female and male spouses, and prohibits the disinheritance of the surviving spouse (para. 53) (United Nations, 2013[8]).
Target 5.A of the SDGs (2015) calls on all governments to “undertake reforms to give women equal rights to … inheritance” (United Nations, 2016[3]).
International and regional recognition of women’s right to physical integrity
Violence against women is widely recognised as a fundamental rights violation.
The Maputo Protocol (2003) calls on State Parties to take effective measures to protect women from all forms of violence, and to eradicate the latter (Arts. III, IV). Special attention is paid to the protection of elderly women (Art. XXII) and women with disabilities (Art. XXIII) (African Union, 2003[5]).
CEDAW General Recommendation No. 19 obliges States Parties to “ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity”, and to provide “appropriate protective and support services” to victims (United Nations, 1992[9]).
Female genital mutilation is internationally recognised as a harmful practice and a violation of women’s and girls’ human rights.
The CEDAW, in particular General Recommendation No. 14 (1990), calls on States Parties to “take appropriate and effective measures with a view to eradicating the practice of female circumcision” (United Nations, 1990[10]).
The Maputo Protocol (2003) requires State Parties to “prohibit and condemn all forms of harmful practices” (Art. V), including the prohibition of all forms of female genital mutilation (Art. V (b)) (African Union, 2003[5]).
States have an obligation to eliminate discriminatory practices leading to the phenomenon of missing women.
The CEDAW (1979) requires States Parties to “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices, customs and all other practices which are based on the idea of the inferiority or superiority of either of the sexes” (Art. 5) (United Nations, 1979[2]).
The African Charter on Human and People’s Rights (1981) declares “Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.” (Art. 4) (African Union, 1981[7]).
Women’s sexual and reproductive health and rights are enshrined in international agreements, despite their controversial status in Africa.
The CEDAW (1979) calls on States Parties to ensure, on the basis of equality of men and women, “the same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights” (Art. 16), and to take all “appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning” (Art. 12) (United Nations, 1979[2]).
The Maputo Protocol (2003) requires State Parties to promote and respect women’s right to health, including sexual and reproductive health. The protocol highlights women’s right to control fertility, including to choose any contraception method or form of self-protection regarding sexually transmitted infections, for example. State Parties shall take action by providing “adequate, affordable and accessible health services”, particularly to women in rural areas (Art. XIV) (African Union, 2003[5])
International and regional recognition of women’s right to access productive and financial resources
Women’s equal access to, use of and control over land is grounded in core international human rights instruments.
The Universal Declaration of Human Rights (1948) recognises the right to property for all individuals (Art. 2) (United Nations, 1948[11]).
The International Covenant on Civil and Political Rights (1976) guarantees equality between women and men (Art. 3) (United Nations, 1966[12]).
The International Covenant on Economic, Social and Cultural Rights (1976) calls on States Parties “to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights” (Art. 3) (United Nations, 1966[12]).
The CEDAW (1979) acknowledges that “States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development” (Art. 14.2). Furthermore, the CEDAW Committee considers “women’s rights to land, natural resources, as well as fisheries as fundamental human rights” (United Nations, 1979[2]).
The International Labour Organization’s (ILO’s) Indigenous and Tribal Peoples Convention, 1989 (No. 169) states that “the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised” (Art. 14.1) (ILO, 1989[13]).
The Beijing Declaration and Platform for Action (1995) calls on governments to “ensure women’s equal access to economic resources, including land” and “to formulate and implement policies and programmes that provide access to and control of land” (para. 58 (n)) (Fourth World Conference on Women, 1995[6]).
The Habitat Agenda (1996) commits governments to providing “legal security of tenure and equal access to land to all people, including women and those living in poverty”, and to undertaking “legislative and administrative reforms to give women full and equal access to economic resources, including the right to inheritance and to ownership of land” (para. 40 (b)) (United Nations, 1996[14]).
The 2030 Agenda for Sustainable Development recognises women’s secure access to land as a key pillar of women’s economic empowerment. The international community has committed to securing, enforcing and monitoring progress on women’s land rights in order to achieve the SDGs by including land-specific SDG indicators (1.4.2 and 5.a.1) (United Nations, 1979[2]).
Numerous international and regional instruments guarantee the right of women to own property and non-land assets.
The Universal Declaration of Human Rights (1948) establishes the right of everyone to own property regardless of sex (Arts. 17.1 and 17.2) (United Nations, 1948[11]).
The African Charter on Human and People’s Rights recognises that the right to property shall be guaranteed to everyone (Art. 14) (African Union, 1981[7]).
The CEDAW (1979) explicitly calls on States Parties to take all appropriate measures to ensure “the same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property” (Art. 16.1 (h)) (United Nations, 1979[2]).
The Beijing Declaration and Platform for Action (1995) call on national and international non-governmental organisations (NGOs) and women’s groups to protect women’s right to full and equal access to economic resources, including the right to inherit land and other property (para. 60) (Fourth World Conference on Women, 1995[6]).
The Maputo Protocol (2003) establishes women’s right to sustainable development. In this context, State Parties shall promote “women’s access to and control over productive resources such as land and guarantee their right to property” (African Union, 2003[5]).
Women’s access to formal financial services is enshrined in a number of international treaties.
The CEDAW (1979) calls on States Parties “to take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: the right to bank loans, mortgages and other forms of financial credit” (Art. 13 (b)) (United Nations, 1979[2]).
The Beijing Declaration and Platform for Action (1995) states that governments should “promote and support women’s self-employment and the development of small enterprises, and strengthen women’s access to credit and capital on appropriate terms (equal to those of men through the scaling up of institutions dedicated to promoting women’s entrepreneurship, including, as appropriate, non-traditional and mutual credit schemes, as well as innovative linkages with financial institutions” (para. 166 (a)) (Fourth World Conference on Women, 1995[6]).
The CEDAW Committee, in its General Recommendation No. 25 (2004), notes that States Parties should implement special temporary measures where necessary in the areas of credit and loans, as well as legal awareness. Such measures should be directed at women who are subject to multiple forms of discrimination, including rural women (United Nations, 2004[15]).
The Maputo Protocol (2003) establishes women’s right to sustainable development. In this context, State Parties shall promote women’s access to financial services such as credit, but also training or skills development (African Union, 2003[5]).
States have international and regional legal obligations to protect women’s workplace rights.
The CEDAW (1979) (Art. 11) calls on States Parties to “take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:
a The right to work as an inalienable right of all human beings;
b The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;
c The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service, and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;
d The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work” (United Nations, 1979[2]).
The Beijing Declaration and Platform for Action (1995) underlines the need to take appropriate measures in consideration of women’s reproductive role and functions and “eliminate discriminatory practices by employers […] such as the denial of employment and dismissal due to pregnancy or breastfeeding, or requiring proof of contraceptive use, and take effective measures to ensure that pregnant women, women on maternity leave or women re-entering the labour market after childbearing are not discriminated against” (para. 165 (c)) (Fourth World Conference on Women, 1995[6]).
The African Charter on Human and People’s Rights (1981) establishes the right of every individual to “work under equitable and satisfactory conditions, and [to] receive equal pay for equal work. (African Union, 1981[7])
Core ILO Conventions establish key labour standards that promote effective equality between women and men in employment:
The Equal Remuneration Convention, 1951 (No. 100) (ILO, 1951[16])
The Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ILO, 1958[17])
The Workers with Family Responsibilities Convention, 1981 (No. 156) (ILO, 1981[18])
The Maternity Protection Convention, 2000 (No. 183) (ILO, 2000[19])
The Domestic Workers Convention, 2011 (No. 189) (ILO, 2011[20]).
The 2030 Agenda for Sustainable Development (2015) recognises the importance of “achieving full and productive employment and decent work for all women and men, and equal work for work of equal value” in target 8.5 (United Nations, 2016[21]).
International and regional recognition of women’s rights regarding civil liberties
The right to a nationality is mandatory under a number of international and regional agreements.
The Universal Declaration of Human Rights (1948) states that “everyone has the right to a nationality” and that “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality” (Art. 15) (United Nations, 1948[11]).
The Convention on the Nationality of Married Women (1957) specifies that “neither the celebration nor the dissolution of a marriage […] shall automatically affect the nationality of the wife” (Art. 1) (United Nations, 1957[22]).
The CEDAW (1979) explicitly calls on States Parties to “grant women equal rights with men to acquire, change or retain their nationality”, as well as to “grant women equal rights with men with respect to the nationality of their children” (Art. 9) (United Nations, 1979[2]).
The Maputo Protocol (2003) establishes that in the case of marriage, a women has the “right to retain her nationality or to acquire the nationality of her husband” (Art. IV (g)). State parties are required to enact legislative measures that will also guarantee equal rights to men and women regarding the nationality of their children (Art. VI) (African Union, 2003[5]).
Resolution 32/7 on the right to a nationality (women’s equal nationality rights in law and in practice) adopted by the Human Rights Council (2016) urges States to “adopt and implement nationality legislation consistent with their obligations under international law, including with respect to the elimination of all forms of discrimination against women and girls in nationality-related matters” (para. 3) (Human Rights Council, 2016[23]).
Equal access to publicly elected bodies and balanced representation of men and women in public life have been acknowledged by the international and regional community.
The Universal Declaration of Human Rights (1948) states that “everyone has the right to take part in the government of his country” and “to equal access to public service in his country” (Art. 21) (United Nations, 1948[11]).
The Convention on the Political Rights of Women (1952) establishes that women shall be “entitled to vote in all elections”, “eligible for election to all publicly elected bodies” and “entitled to hold public office and to exercise all public functions” on equal terms with men (Arts. 1, 2 and 3) (United Nations, 1953[24]).
The CEDAW (1979) calls on States Parties to “take all appropriate measures to eliminate discrimination against women in the political and public life of the country” (Art. 7). General Recommendation No. 23 (1997) encourages State parties’ “use of temporary special measures in order to give full effect to articles 7 and 8” or equality of participation. The measures can range from amended electoral procedures to the setup of numerical goals or quotas for public positions. (United Nations, 1979[2]) (United Nations, 1997[25]).
The Beijing Declaration and Platform for Action (1995) lists women in power and decision-making positions among its 12 Strategic Objectives. Specifically, it instructs States to “take measures that encourage political parties to integrate women in elective and non-elective public positions in the same proportion and at the same level as men” (Strategic Objective G.1.b) (Fourth World Conference on Women, 1995[6]).
The Maputo Protocol (2003) calls on State Parties to promote women’s equal participation in political life by taking the required (legislative) measures. Specifically, women shall participate equally in elections, be equally represented in all levels of electoral processes, and be equal partners with men to develop and implement State policies (Art. IX) (African Union, 2003[5]).
UN General Assembly Resolution 58/142 on Women and political participation (2003) urges State Parties to eliminate laws, regulations and practices that limit women’s participation in the political process at all levels, on equal terms with men. It also requires States to take measures for and to promote the goal of gender balance in public positions (para. 1 (a, b, d, e)) (United Nations, 2003[26]). This requirement was reaffirmed in 2011 (A/RES/66/130), which again urged State Parties to take effective action to ensure women’s equal political participation (United Nations, 2011[27]).
The African Charter on Democracy, Elections and Governance (2007) requires State Parties to “recognize popular participation through universal suffrage as the inalienable right of the people” (Art. 4 (2)) (African Union, 2007[28]).
Resolution 66/130 on women and political participation adopted by the General Assembly (2011) calls on States to “enhance the political participation of women” (para. 3) (United Nations, 2011[29]).
SDG target 5.5 explicitly calls on States to “ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life” (United Nations, 2016[3]).
Freedom of movement is a universal human right recognised in the following instruments:
The Universal Declaration of Human Rights (1948) states that “everyone has the right to freedom of movement” and “to leave any country, including his own, and to return to his country” (Art. 13) (United Nations, 1948[11]).
The International Covenant on Civil and Political Rights (1966) reaffirms that everyone shall “have the right to liberty of movement and freedom to choose his residence” and “be free to leave any country” (Art. 12). (United Nations, 1966[12]).
The CEDAW (1979) calls on States Parties to “accord to men and women the same rights with regards to the law relating to the movement of persons and the freedom to choose their residence and domicile” (Art. 15) (United Nations, 1979[2]).
The African Charter on Human and People’s Rights (1981) recognises every individual’s right to “freedom of movement and residence within the borders of a State provided he abides by the law”, as well as to leave and return to his country (Art. 12) (African Union, 1981[7]).
The necessity to “provide universal access to safe, inclusive and accessible, green and public spaces” (SDG target 11.7) and to “significantly reduce all forms of violence and related death rates everywhere” (SDG target 16.1) has been integrated into the 2030 Agenda for Sustainable Development (United Nations, 2016[30]; United Nations, 2016[31]).
The right of access to justice and equality between men and women in this regard is guaranteed in the following international instruments:
The CEDAW (1979) calls on States Parties to “accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity” (Art. 15). Its General recommendation No. 33 on women’s access to justice (2015) recalls the “obligations of State Parties to ensure that women have access to justice” (United Nations, 1979[2]).
The African Charter on Human and People’s Rights (1981) recognises that every individual shall be equal before and entitled to equal protection under the law (Art. 3) (African Union, 1981[7]).
The Maputo Protocol (2003) calls on State Parties to take all appropriate measures to ensure that women and men enjoy “the right to are equal protection and benefit of the law” (Art. VIII) (African Union, 2003[5]). SDG target 16.3 aims to “promote the rule of law at the national and international levels and ensure equal access to justice for all” (United Nations, 2016[31]).
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