the Rights of Women in Africa;. CONSIDERING that Article 2 of the African Charter on Human and. Peoples’ Rights enshrines the principle of non-discrimination
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1 PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA The States Parties to this Protocol, CONSIDE RING that Article 66 of the African Charter on Human and Peoples’ Rights provides for special protocols or agreements, if necessary, to supplement the provisions of the African Charter, and that the Assembly of Heads of State and Government of the Organiza tion of African Unity meeting in its Thirty – first Ordinary Session in Addis Ababa, Ethiopia, in June 1995, endorsed by resolution AHG/Res.240 (XXXI) the recommendation of the African Commission on Human and Peoples’ Rights to elaborate a Protocol on the Ri ghts of Women in Africa; CONSIDERING that Article 2 of the African Charter on Human and Peoples’ Rights enshrines the principle of non – discrimination on the grounds of race, ethnic group, colour, sex, language, religion, political or any other opinion, na tional and social origin, fortune, birth or other status; FURTHER CONSIDERING that Article 18 of the African Charter on Human and Peoples’ Rights calls on all States Parties to eliminate every discrimination against women and to ensure the protection of t he rights of women as stipulated in international declarations and conventions; NOTING that Articles 60 and 61 of the African Charter on Human and Peoples’ Rights recognise regional and international human rights instruments and African practices consiste nt with international norms on human and peoples’ rights as being important reference points for the application and interpretation of the African Charter; RECALLING that women’s rights have been recognised and guaranteed in all international human rights instruments, notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, the
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2 African Charter on the Rights and Welfare of the Child, and all other international and regional conventions and covenants relating to the rights of women as being inalienable, interdependent and indivisible hum an rights; NOTING that women’s rights and women’s essential role in development, have been reaffirmed in the United Nations Plans of Action on the Environment and Development in 1992, on Human Rights in 1993, on Population and Development in 1994 and on S ocial Development in 1995; RECALLING ALSO United Nations Security Council™s Resolution 1325 (2000) on the role of Women in promoting peace and security; REAFFIRMING the principle of promoting gender equality as enshrined in the Constitutive Act of the Af rican Union as well as the New Partnership for Africa™s Development, relevant Declarations, Resolutions and Decisions, which underline the commitment of the African States to ensure the full participation of African women as equal partners in Africa™s deve lopment; FURTHER NOTING that the African Platform for Action and the Dakar Declaration of 1994 and the Beijing Platform for Action of 1995 call on all Member States of the United Nations, which have made a solemn commitment to implement them, to take con crete steps to give greater attention to the human rights of women in order to eliminate all forms of discrimination and of gender – based violence against women; RECOGNISING the crucial role of women in the preservation of African values based on the princ iples of equality, peace, freedom, dignity, justice, solidarity and democracy; BEARING IN MIND related Resolutions, Declarations, Recommendations, Decisions, Conventions and other Regional and Sub – Regional Instruments aimed at eliminating all forms of dis crimination and at promoting equality between women and men; CONCERNED that despite the ratification of the African Charter on Human and Peoples’ Rights and other international human rights instruments by the majority of States Parties, and their solemn
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3 commitment to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to be victims of discrimination and harmful practices; FIRMLY CONVINCED that any practice that hinders or endangers the normal growth a nd affects the physical and psychological development of women and girls should be condemned and eliminated; DETERMINED to ensure that the rights of women are promoted, realised and protected in order to enable them to enjoy fully all their human rights; HAVE AGREED AS FOLLOWS: Article 1 Definitions For the purpose of the present Protocol: a) “African Charter” means the African Charter on Human and Peoples’ Rights; b) “African Commission” means the African Commission on Human and Peoples’ Rights; c) “Assembly” means the Assembly of Heads of State and Government of the African Union; d) fiAUfl means the African Union; e) ‚‚Constitutive Act™™ means the Constitutive Act of the African Union; f) “Discrimination against women” means any distinction, exclusion or restriction or any differential treatment based on sex and whose objectives or effects compromise or destroy the recognition, enjoyment or the exercise by
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4 women, regardless of their marital status, of human rights and fundamental freedoms in all spheres of life; g) “Harmful Practices” means all behaviour, attitudes and/or practices which negatively affect the fundamental rights of women and girls, such as their right to life, health, dignity, education and physical integrity; h) ‚‚NEPAD™™ means the New Partners hip for Africa™s Development established by the Assembly; i) “States Parties” means the States Parties to this Protocol; j) “Violence against women” means all acts perpetrated against women which cause or could cause them physical, sexual, psychological, and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situations of armed conflicts or of war; k) fiWomenfl m eans persons of female gender, including girls. Article 2 Elimination of Discrimination Against Women 1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this reg ard they shall: a) include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application; b) enact and effectively implement appropriate legis lative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those
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5 harmful practices which endanger the health and general well – being of women; c) integrate a gender perspective in their policy decisions , legislation, development plans, programmes and activities and in all other spheres of life; d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist; e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women. 2. States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, informatio n, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereo typed roles for women and men. Article 3 Right to Dignity 1. Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights. 2. Every woman shall have the right to respect as a person and to the free development of her personality. 3. States Parties shall adopt and implement appropriate measures to prohibit any exploitation or degradation of women. 4. States Parties shall adopt and implement appropriate measures to ensure the protection of every woman™s right to respect for her
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7 g) prevent and condemn tra fficking in women, prosecute the perpetrators of such trafficking and protect those women most at risk; h) prohibit all medical or scientific experiments on women without their informed consent; i) provide adequate budgetary and other resources for the impleme ntation and monitoring of actions aimed at preventing and eradicating violence against women; j) ensure that, in those countries where the death penalty still exists, not to carry out death sentences on pregnant or nursing women; k) ensure that women and men e njoy equal rights in terms of access to refugee status determination procedures and that women refugees are accorded the full protection and benefits guaranteed under international refugee law, including their own identity and other documents. Article 5 Elimination of Harmful Practices States Parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognised international standards. States Parties shall take all necessa ry legislative and other measures to eliminate such practices, including: a) creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach programmes; b) prohibition, through legislative measures backed by sanctions, of all forms of female genital mutilation, scarification, medicalisation and para – medicalisation of female genital mutilation and all other practices in order to eradicate them;
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8 c) provision of necessary support to victims of harmful practices through basic services such as health services, legal and judicial support, emotional and psychological counselling as well as vocational training to make them self – supporting; d) protection of women who are at risk of being subj ected to harmful practices or all other forms of violence, abuse and intolerance. Article 6 Marriage States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that: a) no marriage shall take place without the free and full consent of both parties; b) the minimum age of marriage for women shall be 18 years; c) monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected; d) every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognised; e) the husband and w ife shall, by mutual agreement, choose their matrimonial regime and place of residence; f) a married woman shall have the right to retain her maiden name, to use it as she pleases, jointly or separately with her husband’s surname;
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9 g) a woman shall have the rig ht to retain her nationality or to acquire the nationality of her husband; h) a woman and a man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests; i) a woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children; j) during her marriage, a woman shall have the right to acquire her own property and to administ er and manage it freely. Article 7 Separation, Divorce and Annulment of Marriage States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage. In this re gard, they shall ensure that: a) separation, divorce or annulment of a marriage shall be effected by judicial order; b) women and men shall have the same rights to seek separation, divorce or annulment of a marriage; c) in case of separation, divorce or annul ment of marriage, women and men shall have reciprocal rights and responsibilities towards their children. In any case, the interests of the children shall be given paramount importance; d) in case of separation, divorce or annulment of marriage, women and men shall have the right to an equitable sharing of the joint property deriving from the marriage.
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10 Article 8 Access to Justice and Equal Protection before the Law Women and men are equal before the law and shall have the right to equal protection and be nefit of the law. States Parties shall take all appropriate measures to ensure: a) effective access by women to judicial and legal services, including legal aid; b) support to local, national, regional and continental initiatives directed at providing women a ccess to legal services, including legal aid; c) the establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women; d) that law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights; e) that women are represented equally in the judiciary and law enforcement organs; f) reform of existing discriminatory laws and practices in order to promote and protect the rights of women . Article 9 Right to Participation in the Political and Decision – Making Process 1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries thr ough affirmative action, enabling national legislation and other measures to ensure that: a) women participate without any discrimination in all elections;
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