Manual on women's rights in Africa launched

By Lucianne Limo

For the first time in international law, The Protocol on the Rights of Women in Africa explicitly sets forth the reproductive right of women to medical abortion.

The protocol asks state parties to protect reproductive health of women by authorizing of medical abortion in case of rape, incest, sexual assault or where the pregnancy endangers the life of the mother or foetus.

The Vice Chairperson of the Commission for Implementation of the Constitution (CIC) Elizabeth Muli recently launched a manual to guide activists and lawyers on how to use the provisions in the protocol to litigate on behalf of aggrieved women.

She said the manual provides an analysis of case law on women’s rights decided by other regional and international bodies which can be used to guide courts in interpretation of women rights as provided in the protocol.

“The protocol is important as the new Constitution provides that any treaty ratified by Kenya shall form part of the laws of Kenya,” Muli added.

The protocol asks governments to ensure women enjoy their right to decide whether to have children, how many and their spacing.

The law also gives women the right to know the health status of their partners especially if affected by sexually transmitted diseases like HIV Aids.

The law also says women and men shall have a right to inherit, in equitable shares, their parents properties.

International Human Rights organization Equality Now in conjunction with Solidarity for African Women’s Rights released the guide.

The release of the manual comes 5 years after the Protocol came into force.

“We hope African lawyers and women’s rights advocates find the manual useful and it gives them hands-on guidance on how best to apply the remarkable standards of the Protocol in cases of violations of women’s rights,” said Faiza Jama Mohamed, Nairobi Office Director of Equality Now.

The Protocol on the Rights of Women in Africa is renowned for its strong and comprehensive provisions on women’s rights.

In another first, the Protocol calls for the legal prohibition of female genital mutilation (FGM).

It also specifies 18 years as the minimum age for marriage and promotes equal representation of women in the judiciary and law enforcement as well as at all levels of decision-making.

The African Union adopted the protocol to the African Charter on human and people’s rights on the right of women in July 11, 2003.

Kenya joined 31other African countries that have ratified the protocol on October 6 last year.