Topic > Addressing women's rights in Africa

The African Charter on Human and Peoples' Rights (ACHPR) initially highlighted what human rights should look like in Africa and how they should be applied in the African domestic sphere. This charter, also known as the Banjul Charter, was intended to establish individual rights and freedoms and to hold Africa accountable to any future violations of rights in the international sphere. The draft was approved in 1981 and entered into force in 1986 by the Organization of African Unity (later the African Union). Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original EssayIn a study aimed at exploring the direct effect of culture on women's rights in Africa, four main articles mentioning Women's Rights are highlighted within the ACHPR, namely Articles 2, 3, 18 and 60 . However, these articles lack specificity. For example, Article 18 addresses discrimination against women only in the family context, which means it does not address women's rights in the public and private spheres. Not to mention the fact that the Charter lacks mention of women's right to consent to marriage, as well as rights during and after divorce. Due to the shortcomings of the Charter, the appointed Special Rapporteur on women's rights proposed the Protocol to the ACHPR. Unlike the ACPHR, the Protocol places emphasis on women's civil and political liberties, essentially protecting their rights in the public and private spheres. Women's rights to consent, inheritance, work, voting and the use of birth control. Not only that, but it calls for the elimination of all practices harmful to women's freedoms, such as early marriage and female genital mutilation (FGM). The protocol only came into force in 2003, but by 2006, 36 countries had failed to fully ratify it. Due to the lack of ratification of the Protocol, women's rights remain vague under the ACHPR and their rights and freedoms remain limited in their daily lives. Culture and its effect on women's rights The study mentioned above defines culture as “ideas, beliefs, inherited values ​​and knowledge, which constitute the shared basis of social action” in which religion is included. African society can be described as predominantly patriarchal, placing men at the center of all cultural practices. The superiority of men over women restricts women's rights and subjects female citizens to their fathers, brothers and husbands. That said, some cultural practices protect women's rights, for example, the prospective groom must make a payment to the bride-to-be to ensure some of the bride's economic independence during the marriage. This payment belongs to the bride and usually cannot be used by the groom. However, despite limited protection of women's rights, their individual freedoms are still violated by African society. For example, in some African countries, particularly Nigeria, a husband is legally allowed to physically punish his wife as long as it does not cause any permanent harm. Furthermore, travel and travel documents are very difficult to obtain, and the right to travel is sometimes prohibited by the government for women who wish to leave the country alone. In some cases, approval from both the father and husband is needed and in others a male companion, whether a father, brother or husband, is needed for a woman to leave the country. Female genital mutilation (FGM) is another harmful cultural practice to which women are subjected. This practice consists of altering and cutting the genital organs.