Maputo Protocol
The Protocol on the Rights of Women in Africa (Engl. Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa ), better known as the Maputo Protocol , was established in 2003 at a summit of the African Union in Maputo , the capital of Mozambique , decided. It is an additional protocol to the African Charter of Human Rights and the Rights of the Peoples , also known as the Banjul Charter , which was adopted in 1981 and came into force in 1986. The Maputo Protocol strengthens the rights of women and girls. These rights include, among other things, the right to equality in political processes, economic equality in land and property rights and it is against all forms of female genital mutilation .
Emergence
With the Banjul Charter , the human rights system was introduced for the African continent with the express consideration of African peculiarities. However, the rights of women and girls were only marginally taken into account in the Banjul Charter with a ban on discrimination. In the Banjul Charter , therefore, there was only vague reference to women's rights. This made an additional protocol necessary, and with the Maputo Protocol , the rights of African women and girls were laid down in an extensive catalog for the first time. These rights include:
- the guarantee and recognition of civil, political, economic and cultural rights for women
- securing all elementary, internationally recognized human rights for women
- protection from traditional practices that are harmful to health, such as female genital mutilation
- the right to health and reproductive rights
- equal treatment and guarantee of equal protection by law and equal access to rights for women and men, as well as the consideration of women in marriage law , in particular with regard to polygamy , forced and early marriage
- Widows' rights
Regulated by the Solemn Declaration on Gender Equality in Africa , the member states of the African Union have established a procedure for implementing and complying with this legal framework.
In addition, in 2008 the heads of state and government of the development community of southern Africa signed the SADC Protocol on Gender and Development, an agreement designed to intensify efforts to promote gender equality in this region.
Signature and ratification
The additional protocol was adopted in Maputo on July 11, 2003. The Maputo Protocol came into force in 2005. So far 36 of the 54 AU member states have signed and ratified the agreement: Equatorial Guinea, Angola, Benin, Burkina Faso, Democratic Republic of the Congo, Djibouti, Ivory Coast, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Cameroon, Cape Verde , Kenya, Comoros, Congo, Lesotho, Liberia, Libya, Malawi, Mali, Mauritania, Mozambique, Namibia, Nigeria, Rwanda, Zambia, Senegal, Seychelles, Zimbabwe, South Africa, Swaziland, Tanzania and Uganda.
Fifteen states have signed it, but not ratified it. These states include: Ethiopia, Algeria, Burundi, Eritrea, Madagascar, Mauritius, Niger, São Tomé and Príncipe, Chad, Western Sahara and the Central African Republic.
Three states have neither signed nor ratified it. These are Egypt, Botswana and Tunisia. Numerous states have submitted reservations with the ratification.
items
The articles of the protocol are:
| items | Original title | German title | comment |
|---|---|---|---|
| article 1 | Definition | Definitions | Glossary for future terms |
| Article 2 | Elimination of Discrimination Against Women | Eliminate discrimination against women | |
| Article 3 | Right to Dignity | Right to dignity | |
| Article 4 | The Rights to Life, Integrity and Security of the Person | The rights to life, integrity and security of the person | |
| Article 5 | Elimination of Harmful Practices | Abolition of harmful processes | This article relates to female genital mutilation and other traditional practices that cause pain to women and girls. |
| Article 6 | Marriage | marriage | |
| Article 7 | Separation, Divorce and Annulment of Marriage | Separation, Divorce and Annulment | |
| Article 8 | Access to Justice and Equal Protection before the Law | Access to justice and equal protection from the law | |
| Article 9 | Right to Participation in the Political and Decision-Making Process | Right to participate in the political and decision-making process | |
| Article 10 | Right to Peace | Right to peace | |
| Article 11 | Protection of Women in Armed Conflicts | Protection of women in armed conflict | |
| Article 12 | Right to Education and Training |
Right to education and training || |
|
| Article 13 | Economic and Social Welfare Rights | Right to economic and social welfare | |
| Article 14 | Health and Reproductive Rights | Health and Reproductive Rights | |
| Article 15 | Right to Food Security | Right to food security | |
| Article 16 | Right to Adequate Housing | Right to Housing | |
| Article 17 | Right to Positive Cultural Context | Right to Positive Cultural Context | |
| Article 18 | Right to a Healthy and Sustainable Environment | Right to a healthy and sustainable environment | |
| Article 19 | Right to Sustainable Development | Right to sustainable development | |
| Article 20 | Widows' Rights | Widow's rights | |
| Article 21 | Right to inheritance | Right to inheritance | |
| Article 22 | Special Protection of Elderly Women | Special protection for older women | |
| Article 23 | Special Protection of Women with Disabilities | Special protection for women with disabilities | |
| Article 24 | Special Protection of Women in Distress | Special protection for women in need | |
| Article 25 | Remedies | Appeal |
The following Articles 26 to 32 regulate the ratification, introduction and other points.
Web links
- African Union website on the Maputo Protocol
- Text of the minutes (PDF, English)
Individual evidence
- ↑ a b The African System of Human Rights Protection - Handbook of Human Rights. In: fes.de. handbuchmenschenrechte.fes.de, accessed on July 31, 2016 .
- ^ A b Federal Ministry for Economic Cooperation and Development BMZ: International Agreements. In: bmz.de. Federal Ministry for Economic Cooperation and Development, accessed on July 31, 2016 .
- ↑ Text of the Solemn Declaration on Gender Equality in Africa (PDF, English) accessed on July 31, 201
- ↑ SADC Protocol on Gender and Development (PDF, English) accessed on July 31, 201
- ^ Spain, France, Portugal and the United Kingdom
- ^ Ratification Table / Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa / Legal Instruments / ACHPR. In: achpr.org. Retrieved July 31, 2016 .
- ↑ PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES 'RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA (PDF) accessed on July 31, 201