Blazing a Trail: The African Protocol on Women's Rights Comes Into Force

Banda, Fareda

doi:10.1017/s0021855306000076

Cited by 48 publications

(12 citation statements)

References 1 publication

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“…After achieving 15 ratifications, the Protocol entered into force on 25 November 2005. The Maputo Protocol was adopted to eliminate three evils: discrimination against women, traditional practices which are harmful to women, and violence against women (Odinkalu, 2002;Banda, 2006;Viljoen, 2009). The Maputo Protocol speaks to African concerns and situates the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) within African reality (Ayeni, 2011).…”

Section: Normative Systemmentioning

confidence: 99%

The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System

Ayeni¹

2019

BLR

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This article examines and summarizes the normative and institutional mechanisms within the African human rights system. The article identifies some of the challenges facing the young human rights system in Africa such as lack of proper coordination, avoidable overlaps and duplication of functions, as well as limited capacity of, and limited access to, the various human rights protecting institutions. Against the backdrop of proliferation of human rights treaties and bodies on the African continent under the guise of creating binding instruments and judicial human rights bodies, the article argues that international human rights law has grown beyond the "hard law" versus "soft law" debate where only legally binding treaties and judgments of judicial tribunals alone create legal obligations for states; and that the solution to the protection of human rights in Africa has little to do with the number or nomenclature of the protection mechanisms but rather their effectiveness. This article is significant in view of the proliferation of human rights instruments and protection mechanisms in Africa and the challenge posed to the effectiveness of the mechanisms as a result of poor coordination and overlap of functions.

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Section: Normative Systemmentioning

confidence: 99%

The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System

Ayeni¹

2019

BLR

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“…Commentators have argued that the first human rights document in Africa, that is, the African Charter on Human and Peoples' Rights, lacked adequate provisions safeguarding women's rights, hence the need for a women-specific human rights instrument that would address the needs and concerns of African women. 30 The process for the drafting of the protocol was not an easy one as it was characterised by 'stops and starts, political compromise and the influence on nongovernmental organizations'. 31 A regional meeting on women's rights was organised in 1995 by the African Commission to provide a unique platform to discuss the deplorable situation of women in Africa.…”

Section: Drafting History Of the African Women's Protocolmentioning

confidence: 99%

The African Women's Protocol and sexual rights

Durojaye

Murungi²

2014

The International Journal of Human Rights

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Sexual rights' are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care services. The entry point for the notion of sexual rights in the international community was the World Conference on Human Rights in Vienna. The conference affirmed for the first time that acts of violence against women impair and nullify the enjoyment of their rights and freedoms. Subsequent global and regional forums have since contributed to the understanding of 'sexual rights' as human rights issues. Article 14 of the African Women's Protocol builds upon these gains and enhances the sexual rights discourse in several ways; the article pioneered the inclusion of 'sexual rights' in a human rights instrument, and recognises the link between women's sexuality, their dignity, and other rights. A purposive and holistic interpretation of the article is crucial to the advancement of the sexual rights of girls and women in Africa.

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“…61 Banda has noted that by these explicit provisions on sexual and reproductive rights of women, the African Women's Protocol has become a trail blazer in the advancement of women's rights. 62 The African Women's Protocol is the only human rights instrument that specifically protects women's rights in relation to STIs including the HIV/AIDS pandemic and to identify protection from HIV/AIDS as a key component of women's sexual and reproductive rights. Added to these, the African Women's Protocol guarantees women's rights to adequate affordable and accessible health services.…”

Section: The Right To Health and Access To Treatmentmentioning

confidence: 99%

A human rights response to cervical cancer in Africa

Durojaye

Sholola²,

Ngwena

2011

The International Journal of Human Rights

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This article examines the prevalence and impacts of human papilomavirus (HPV) transmission among women in Africa. It then examines the relevance of a rights-based approach to health-related challenges such as cervical cancer. In particular, the article argues that ensuring access to comprehensive programmes for the prevalence and impact of cervical cancer in Africa is a human rights issue which demands the urgent attention of African governments. The article then discusses two broad barriers (socio-cultural factors and failure of the health care systems in Africa) to the prevention and treatment of cervical cancer. Thereafter, the article suggests the human rights framework that African governments can adopt to ensure access to the prevention and treatment of cervical cancer. It concludes that African governments would need to do more than what presently exists in the region with regard to improving HPV treatment.

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Blazing a Trail: The African Protocol on Women's Rights Comes Into Force

Cited by 48 publications

References 1 publication

The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System

The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System

The African Women's Protocol and sexual rights

A human rights response to cervical cancer in Africa

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