DOCSLIB.ORG

Judicial Bench Book on Violence Against Women in Commonwealth

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Judicial Bench Book on Violence Against Women in Commonwealth JUDICIAL BENCH BOOK ON VIOLENCE AGAINST WOMEN IN COMMONWEALTH EAST AFRICA Judicial Bench Book on Violence Against Women in Commonwealth The judiciary plays a central role in enhancing and protecting women’s rights, as well as the development and East Africa enforcement of formal legal responses to discriminatory and criminal activities, including violence against women (VAW). Commonwealth Secretariat The Judicial Bench Book on Violence Against Women in Commonwealth East Africa situates VAW in four member countries, Kenya, Rwanda, Tanzania and Uganda. By placing VAW within the socio-cultural and legal context of the region, it is hoped that the bench book will enhance the ability of judicial officers to handle cases of VAW, both within a human rights as well as a gender perspective. It is a quick reference for judicial officers, in line with the foundations of the common law system –stare decisis and judicial precedent. Through case law, the book discusses measures to address VAW and the role of the judiciary in ensuring that the state fulfils its obligations. It also includes examples of how a lack of appreciation of the lived realities of women victims of violence can lead to denial of justice. The critique of such cases will expose the injustice arising from failure to interpret the law through a gender lens, thereby offering important lessons to judicial officers. ISBN 978-1-84929-161-3 7818499 291613 P14952_COM_Judicial_Bench_Book_VAW_E_Africa_253x190.indd All Pages 20/12/2016 10:04:42 Judicial Bench Book on Violence Against Women in Commonwealth East Africa Commonwealth Secretariat Commonwealth Secretariat Marlborough House Pall Mall London SW1Y 5HX United Kingdom © Commonwealth Secretariat 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or otherwise without the permission of the publisher. Published by the Commonwealth Secretariat Edited by Editors4Change Ltd Typeset by NovaTechset Private Limited, Bengaluru & Chennai, India Printed by Views and opinions expressed in this publication are the responsibility of the authors and should in no way be attributed to the institutions to which they are affiliated or to the Commonwealth Secretariat. Wherever possible, the Commonwealth Secretariat uses paper sourced from responsible forests or from sources that minimise a destructive impact on the environment. Copies of this publication may be obtained from Publications Section Commonwealth Secretariat Marlborough House Pall Mall London SW1Y 5HX United Kingdom Tel: +44 (0)20 7747 6500 Email: [email protected] Web: www.thecommonwealth.org/publications A catalogue record for this publication is available from the British Library. ISBN (paperback): 978-1-84929-161-3 ISBN (e-book): 978-1-84859-955-0 iii Contents Foreword vii Acknowledgements ix Acronyms and Abbreviations xi Section I Judicial Principles on Violence Against Women 1 1 Introduction 3 1.1 The judiciary as an actor 3 1.2 Purpose of the bench book 5 2 Definitions of Violence Against Women 7 2.1 Introduction 7 2.2 Definition of VAW under international law Instruments 7 2.3 Definition of VAW under regional human rights instruments 10 2.4 Definition of VAW under national laws 11 2.5 Manifestations of violence against women in East Africa 14 2.6 Statistics of prevalence of VAW in East Africa 17 2.7 Consequences of violence against women 19 Notes 37 3 The Role of the Judiciary in Addressing VAW 40 3.1 Introduction 40 3.2 Direct judicial intervention in addressing VAW 40 3.3 Addressing VAW – The judicial process 42 3.4 Judicial guidelines in dealing with matters involving VAW 50 3.5 Addressing challenges 71 Notes 90 4 International Law Standards and State Obligations 94 4.1 Introduction 94 4.2 The status of international law and norms in the Commonwealth member countries in East Africa 94 4.3 State obligations under regional human rights treaties 124 4.4 Obligations under international criminal law 128 iv Judicial Bench Book on VAW in Commonwealth East Africa 4.5 National legal mechanisms 129 Notes 161 Section II Case Summaries on Violence Against Women 165 5 Domestic/Intimate Partner Violence 167 Case 5.1 Uganda v Jackline Uwera Nsenga 167 Case 5.2 Republic v Francis Paul 169 Case 5.3 Uganda v Lydia Draru Alias Atim 170 Case 5.4 Jackline Vidanya Baraza v Rep. 173 Case 5.5 David Munga Maina v Republic 177 Case 5.6 Prosecutor v Fatirakumutima 180 Case 5.7 Prosecutor v Cyuma Miruho 181 Notes 182 6 Sexual and Other Forms of Violence Against Children 183 Case 6.1 Uganda v Sekajija Asuman 183 Case 6.2 Uganda v Joseph Baluku 185 Case 6.3 Uganda v Kakuru Johnson 188 Case 6.4 Uganda v Peter Matovu 190 Case 6.5 Uganda v Tigahwa 192 Case 6.6 Uganda v NA 194 Case 6.7 Uganda v Rwishosha Geoffrey 195 Case 6.8 Prosecutor v Nihimbazwe Samuel 196 Case 6.9 George Hezron Mwakio v Rep 197 Note 200 7 Sexual and Other Forms of Violence Against Adult Women 201 Case 7.1 Leonard Jonathan v Republic 201 Case 7.2 Okeyo v Ogwayi 203 Case 7.3 Mukungu v Republic 204 Case 7.4 Uganda v Hamidu & Others 207 Case 7.5 Ally Hussein Katua v Republic 208 Case 7.6 Seif Mohamed El-Abadan v Rep 211 Case 7.7 Onesphory Materu v Republic 214 Contents v Case 7.8 Foro Yahaya v Uganda 218 Notes 220 8 Female Genital Mutilation 221 Case 8.1 Pauline Robi Ngariba v Rep 221 Case 8.2 SMG & RAM v Republic 224 Case 8.3 Law and Advocacy for Women in Uganda v AG 226 Case 8.4 Joyce Nakacwa v AG and 2 Others 229 Notes 232 9 Sexual Harassment in the Workplace 233 Case 9.1 Vishaka v Rajasthan & Others 233 Notes 235 10 Matrimonial Property 236 Case 10.1 Kivuitu v Kivuitu 236 Case 10.2 Nderitu v Nderitu 237 Case 10.3 Bi Hawa Mohammed v Ally Sefu 239 Case 10.4 Lawrence Mtefu v Germana Mtefu 243 Case 10.5 Gatera Johnson & Kabalisa Teddy v The Supreme Court 246 Notes 248 11 Divorce on Account of Violence 249 Case 11.1 Kirungi Doreen v Mugabe Ronald 249 Notes 251 12 Discrimination 252 Case 12.1 Ndewawiosia v Emanuel 252 Case 12.2 Rono v Rono & Another 254 Case 12.3 Re-Estate of Lerionka Ole Ntutu 257 Case 12.4 Stephen Gitonga M’Murithi v Francis Murithi 259 Case 12.5 JAO v Home Park Caterers 259 Case 12.6 Uganda Association of Women Lawyers & Others v the Attorney General 260 Notes 262 13 Discrimination at the Workplace 263 Case 13.1 George Opiyo and 2 Others v Deputy County Commissioner Gem, & Another (Siaya) 263 vi Judicial Bench Book on VAW in Commonwealth East Africa 14 Sexual Violence and Abuse of Authority/Trust 266 Case 14.1 WJ and LN (Minors Suing through their Guardians, JKM and SCM) v Astariko Henry Amkoah & Others and the Cradle and 3 Others (NBI) 266 Case 14.2 Prosecutor v Munyawera Moustapha 268 Case 14.3 Prosecution v Kazina Lucien 270 Case 14.4 CK (a Child) & 11 Others v the Commissioner of Police/Inspector General of the National Police Service, the Director of Public Prosecutions, Minister for Justice, National Cohesion & Constitutional Affairs and Kenya National Commission of Human Rights … Amicus Curiae 272 Annex 1 Child, Early and Forced Marriages in East Africa: The Role of the Judiciary 284 Annex 2 Additional Materials for Reference 327 vii Foreword The Judicial Bench Book on Violence Against Women in Commonwealth East Africa (Judicial Bench Book) is prepared by judges for use, primarily by judicial officers. The role of a judicial officer in handling a case of violence against women and girls (VAWG) is to ensure a fair trial. To that end, judicial officers need to apply the law, taking cognisance of the socio-cultural and other limitations that impact on the lives of women and girls and guide the actions of perpetrators. Judicial officers need to take leadership outside the courtroom and promote change in their respective societies. The Judicial Bench Book is the realisation of a vision that emanated from the Botswana Judicial Forum of 2013 which considered the review on the Commonwealth case law on VAW and discussed landmark judgements with a view to contributing to a strengthened jurisprudence of equality. The Judicial Bench Book sets out the definition of VAWG in international and regional human rights instruments and national legislation. It discusses the relevant international human rights standards with respect to VAW. These standards have been developed and further advanced by international and regional institutions, global fora and the work of the United Nations Special Rapporteur on Violence against Women, its Causes and Consequences. The Judicial Bench Book discusses the obligation of the State to eliminate VAWG through the exercise of due diligence to prevent and protect women from such violence, prosecute and punish perpetrators of such violence and to provide an effective remedy for victims of such violence. it further discusses, through case law, measures to address VAWG, and the role of the judiciary in realising the obligations of the State. The case law used in the Judicial Bench Book has enriched the final product and brought to the fore evidence of suffering that many women endure; however, through access to courts women can access justice while perpetrators are brought to account. The experience of the judiciary adds value to the contributions of new magistrates or judges on matters relating to courtroom procedure while also applying international human rights standards.
Load more

Recommended publications
  • Femicide – a Global Issue That Demands Action, Volume IV
    “In the nineteenth century, the central moral challenge was slavery. In the twenteth century, it was the batle against totalitarianism. We believe that in this century the paramount moral challenge will be the struggle for gen- der equality around the world.” Nicholas D. Kristof, Half the Sky: Turning Oppression into Opportunity for Women Worldwide “No child should have to fear going to school. No child should ever have to fear being a child. And no child should ever have to fear being a girl.” PhumzileMlambo-Ngcuka, Executve Director, UN Women “Women subjected to contnuous violence and living under conditons of gender-based discriminaton and threat are always on – death-row, always in fear of executon.” Rashida Manjoo Former UN Special Rapporteur on Violence against Women, its Causes and Consequences VOLUME IV ISBN:978- 3- 200- 03012-1 Published by the Academic Council on the United Natons System (ACUNS) Vienna Liaison Ofce Email: [email protected] Web: www.acuns.org / www.acunsvienna.org © 2015 Academic Council on the United Natons System (ACUNS) Vienna Liaison Ofce Fourth Editon Copyright: All rights reserved. The contents of this publicaton may be freely used and copied for educatonal and other non-commercial purposes, provided that any such reproducton is accompanied by an acknowledge- ment of the authors of the artcles. Compiled and Edited: Milica Dimitrijevic, Andrada Filip, Michael Platzer Edited and formated: Khushita Vasant, Vukasin Petrovic Proofread/*Panama protocol summarized by Julia Kienast, Agnes Steinberger Design: Milica Dimitrijevic, Andrada Filip, Vukasin Petrovic Photo: Karen Castllo Farfán This publicaton was made possible by the generous fnancial contributon of the Thailand Insttute of Justce, the Karen Burke Foundaton and the Organizaton of the Families of Asia and the Pacifc.
    [Show full text]
  • Female Genital Mutilation (Fgm)
    COUNTRY OF ORIGIN INFORMATION REPORT FEMALE GENITAL MUTILATION (FGM) 20 JUNE 2008 UK Border Agency COUNTRY OF ORIGIN INFORMATION SERVICE FGM 20 JUNE 2008 Contents Preface Definition of Female Genital Mutilation Origins Trends Paragraphs Countries 1. ALGERIA ............................................................................................... 1.01 Extent practised ........................................................................... 1.01 Legal Position............................................................................... 1.02 Protection...................................................................................... 1.03 2. ANGOLA................................................................................................ 2.01 Extent practised ........................................................................... 2.01 Legal Position............................................................................... 2.02 Protection...................................................................................... 2.03 3. BENIN ................................................................................................... 3.01 Extent practised ........................................................................... 3.01 Legal Position............................................................................... 3.05 Protection...................................................................................... 3.06 4. BOTSWANA ..........................................................................................
    [Show full text]
  • Monitoring and Protecting the Human Rights of Women
    MANUAL ON MONITORING Chapter 28 MONITORING AND 28 Chapter PROTECTING THE HUMAN Monitoring protecting and of women the rights human RIGHTS OF WOMEN MONITORING AND PROTECTING THE HUMAN RIGHTS OF WOMEN A. Key concepts 3 B. Introduction 4 C. Monitoring methodology – special features 4 1. Partners and sources of information 4 2. Challenges 4 3. Disaggregated data and information 7 4. Referral 9 D. Human rights standards: “Women’s rights are human rights!” 9 E. Discrimination against women 13 F. Areas of monitoring 15 1. Legislation 15 2. Gender stereotypes 18 3. The private sphere 20 4. Women’s participation in political and public life 26 5. Violence against women 28 6. Access to justice 37 7. Education 42 8. Housing, land and property 44 9. Work 45 10. Sexual and reproductive health and rights 47 11. Women human rights defenders (WHRDs) 51 2 MANUAL ON HUMAN RIGHTS MONITORING © UNITED NATIONS 28 A. Key concepts The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the core international human rights instrument for the protection and promotion of women’s human rights. Although it has been widely ratified, the number of reservations entered by many countries limits its binding character in key areas of women’s rights. Several other international human rights instruments have provisions on equality between men and women, and each emphasizes the right to non-discrimination. Regional standards, like the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Istanbul Convention against violence against women and domestic violence, and the Inter- American Convention on the Prevention, Punishment and Eradication of Violence against Women, complement the body of law protecting women’s rights.
    [Show full text]
  • Violence Against Women in Algeria
    FACT-SHEET ON: Violence against Women in Algeria EuroMed Rights January 2021 Rue des Comédiens 22, 1000 Bruxelles, Belgium T +32 (0) 2 513 37 97 – E [email protected] - www.euromedrights.org Table of contents I - LEGISLATIVE FRAMEWORK ............................................................................................................................ 3 a) International Conventions ..................................................................................................................................... 3 b) The Algerian Constitution ...................................................................................................................................... 3 c) The Algerian Penal Code ........................................................................................................................................ 4 d) « Le Code de la Famille » : The Family Code .......................................................................................................... 5 II - POLICY FRAMEWORK .................................................................................................................................... 5 a) Monitoring ............................................................................................................................................................. 6 III - PROTECTION FRAMEWORK AND ACCESS TO JUSTICE .................................................................................. 7 a) Protection Systems, Psychological Support and Empowerment Services
    [Show full text]
  • Democratic Republic of Congo
    DEMOCRATIC REPUBLIC OF CONGO REPORT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS FROM 2008 TO 2015 (11th, 12th and 13th Periodic Reports) AND OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN FROM 2005 TO 2015 (INITIAL REPORT and 1st, 2nd and 3rd Periodic Reports) Table of Contents Introduction........................................................................................................................ 4 Part A: Implementation of the African Charter on Human and Peoples’ Rights.................... ... 5 General Background ......................................................................................................... 5 Measures taken to implement the recommendations contained in the Concluding Observations arising from consideration of the previous report ............................................................... 7 Difficulties encountered in the implementation of the African Charter on Human and Peoples Rights and the measures taken to address them................................................................................................................................ ...................32 Future Plans related to the implementation of the Charter ................................................. ..32 Measures taken to implement the recommendations made during promotion missions by special mechanisms .................................................................................................................
    [Show full text]
  • Harmonizing National Abortion and Pregnancy Prevention Laws And
    Thompson et al. BMC Proceedings 2018, 12(Suppl 5):0 https://doi.org/10.1186/s12919-018-0101-5 BMC Proceedings MEETING REPORT Open Access Harmonizing national abortion and pregnancy prevention laws and policies for sexual violence survivors with the Maputo Protocol: proceedings of a 2016 regional technical meeting in sub-Saharan Africa Jill Thompson1, Chi-Chi Undie2*, Avni Amin3, Brooke Ronald Johnson3, Rajat Khosla3, Leopold Ouedraogo4, Triphonie Nkurunziza4, Sara Rich5, Elizabeth Westley6, Melissa Garcia6, Harriet Birungi2 and Ian Askew3 From Harmonizing National Abortion and Pregnancy Prevention Laws and/or Policies for Survivors of Sexual Violence with the Maputo Protocol Lusaka, Zambia. 11-13 April 2016 Abstract In April 2016, the Population Council, in partnership with the World Health Organization (WHO) and the International Consortium for Emergency Contraception, convened a regional meeting in Lusaka, Zambia, geared toward supporting countries in East and Southern Africa in meeting their obligations under the Maputo Protocol. These obligations include expanding access to women’s reproductive health services – especially women survivors of sexual violence. Government and civil society representatives from six countries participated: Botswana, Ethiopia, Kenya, Malawi, Rwanda, and Zambia. Countries were selected based on to their being priority settings for the projects that sponsored the meeting, coupled with the fact that they were each far enough along in addressing post-rape care to be able to develop concrete policy, programming, and/or legal action plans by the end of the meeting. The meeting was the first activity in a joint project of technical assistance by the conveners, aimed at strengthening access to comprehensive post-rape care for survivors of sexual violence.
    [Show full text]
  • The Istanbul Convention – a Powerful Tool to End Gender-Based Violence
    THE ISTANBUL CONVENTION – A POWERFUL TOOL TO END GENDER-BASED VIOLENCE Violence against women is a violation of human rights and a form of discrimination against women. The Istanbul Convention aims to prevent violence, protect victims and prosecute perpetrators through a comprehensive set of policies and measures. It aims to contribute to the elimination of all forms of discrimination against women, promote substantive equality between women and men and promote international co-operation with a view to eliminating violence against women A handbook for and domestic violence parliamentarians on the Council of Europe Convention on Preventing and Combating Violence 010820 against Women and PREMS Domestic Violence ENG The Council of Europe is the continent’s leading human rights organisation. It comprises 47 member SAFE FROM FEAR states, including all members of the European Union. All Council of Europe member states have SAFE FROM www.coe.int signed up to the European Convention on Human Rights, a treaty designed to protect human rights, VIOLENCE democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states. THE ISTANBUL CONVENTION – A POWERFUL TOOL TO END GENDER-BASED VIOLENCE A handbook for parliamentarians on the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence Council of Europe The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of the document should be addressed to the Directorate of Communications (F-67075 Strasbourg Cedex or publishing@ coe.int).
    [Show full text]
  • Promoting & Protecting the Rights of Persons with Albinism
    PROMOTING & PROTECTING THE RIGHTS OF PERSONS WITH ALBINISM A MANUAL FOR NATIONAL HUMAN RIGHTS INSTITUTIONS © Amnesty International 2021 Cover photo: Violence and discrimination against people with albinism Except where otherwise noted, content in this document is licensed in Malawi, © LAWILINK/Amnesty International under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: AFR 03/3879/2021 Original language: English amnesty.org Amnesty International is a movement of 10 million people which mobilises the humanity in everyone and campaigns for change so we can all enjoy our human rights. Our vision is of a world where those in power keep their promises, respect international law and are held to account. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and individual donations. We believe that acting in solidarity and compassion with people everywhere can change our societies for the better. ACKNOWLEDGEMENTS In July 2019, Amnesty International partnered with the South African Human Rights Commission to convene a SADC Regional Meeting of National Human Rights Institutions on Promoting and Protecting the Rights of Persons with Albinism in Southern Africa, in Johannesburg. Participants at the meeting called for practical tools to enhance the ability of NHRIs to promote and protect the human rights of persons with albinism in the region and beyond.
    [Show full text]
  • Developments in Laws Since the Maputo Protocol
    TABLE OF CONTENTS 1 Algeria 29 Madagascar 2 Angola 30 Malawi 3 Benin 31 Mali 4 Botswana 32 Mauritania 5 Burkina Faso 33 Mauritius 6 Burundi 34 Morocco 7 Cameroon 35 Mozambique 8 Cape Verde 36 Namibia 9 Central African Republic 37 Niger 10 Chad 38 Nigeria 11 Comoros 39 Rwanda 12 Congo BIS Sahrawi Arab Democratic Republic 13 Cote d’Ivoire 40 Sao Tome & Principe 14 Democratic Republic of Congo 41 Senegal 15 Djibouti 42 Seychelles 16 Egypt 43 Sierra Leone 17 Equatorial Guinea 44 Somalia 18 Eritrea 45 South Africa 19 Ethiopia 46 South Sudan 20 Gabon 47 Sudan 21 Gambia 48 Swaziland 22 Ghana 49 Togo 23 Guinea 50 Tunisia 24 Guinea-Bissau 51 Uganda 25 Kenya 52 United Republic of Tanzania 26 Lesotho 53 Zambia 27 Liberia 54 Zimbabwe 28 Libya 4 5 MAPUTO PROTOCOL DEVELOPMENTS IN LAWS SINCE THE MAPUTO PROTOCOL A research was conducted on progressive legislation that African countries have adopted to promote gender equality since the adoption of the Maputo Protocol. Most data have been taken from the latest reports of CEDAW, and completed by the ACHPR, SADC and WIPO reports. Not signed, not ratified Signed, not ratified Ratified 6 7 Algeria CONSTITUTION ― The amendment to the Constitution in 2008, reaffirming in article 31 bis the State’s commitment to “ promote the political rights of women by increasing their opportunities to access representation in elected bodies ” ; LAWS ― The amendment to the Nationality Code in 2005, allowing children to take their mother’s nationality, in line with the principle of gender equality ( article 6 ) and enabling a
    [Show full text]
  • Maputo Plan of Action 2016 - 2030
    P a g e | 0 MAPUTO PLAN OF ACTION 2016 - 2030 THE AFRICAN UNION COMMISSION P a g e | 1 Universal Access to Comprehensive Sexual and Reproductive Health Services In Africa MAPUTO PLAN OF ACTION 2016-2030 FOR THE OPERATIONALISATION OF THE CONTINENTAL POLICY FRAMEWORK FOR SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS P a g e | 2 TABLE OF CONTENTS TABLE OF CONTENTS ........................................................................................................................... 2 LIST OF TABLES AND FIGURES .......................................................................................................... 4 LIST OF ACRONYMS .............................................................................................................................. 5 DEFINITION OF TERMS ......................................................................................................................... 6 1. Sexual Reproductive Health and Rights ....................................................................................... 6 2. Reproductive Health ....................................................................................................................... 6 3. Reproductive Rights ....................................................................................................................... 6 4. Unsafe Abortion .............................................................................................................................. 6 5. Vulnerable and Marginalized Groups/Populations ....................................................................
    [Show full text]
  • Fact Sheet. Applying the Maputo Protocol Can Reduce Unsafe
    FACT Applying the Maputo Protocol SHEET Can Reduce Unsafe Abortions What Is the Maputo Protocol? The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (commonly known as the Maputo Protocol) was adopted in 2003 by the African Article 14: Union to uphold equal rights for girls and women. Along Health and Reproductive Rights (2)(c). with provisions related to women’s economic and political empowerment, and health and well-being, the Maputo States Parties shall take all appropriate measures Protocol is the first pan-African treaty to explicitly recognize to: protect the reproductive rights of women by abortion as a human right, under specific circumstances: authorising medical abortion in cases of sexual assault, rape, incest, and where the continued • Sexual assault. pregnancy endangers the mental and physical health • Rape. of the mother or the life of the mother or the foetus. • Incest. ― “Protocol to the African Charter on Human and Peoples' • Life-threatening fetal anomalies. Rights on the Rights of Women in Africa” (Maputo: African • When the continued pregnancy endangers the Union, 2003). woman’s mental and physical health or her life. Why Is Unsafe Abortion a Concern? Globally, unsafe abortions account for about 1 in 7 deaths Globally, unsafe abortions account for about related to pregnancy and childbirth.1 This problem is 1 IN 7 DEATHS related to pregnancy and childbirth. exacerbated in Africa, which has the most maternal deaths of any region. Annually, at least 6 million women in Africa end their pregnancies unsafely.2 If women have access to legal abortions, the safety of the procedure improves and maternal deaths decline.
    [Show full text]
  • Concluding Observations On
    AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA African Commission on Commission Africaine des Droits de Human & Peoples’ Rights l’Homme & des Peuples No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa- union.org; Web www.achpr.org 57th Ordinary Session 04 – 18 November 2015, Banjul, The Gambia Concluding Observations and Recommendations on the Initial and Combined Periodic Report of the Republic of Malawi on the Implementation of the African Charter on Human and Peoples’ Rights (1995 – 2013) I. Introduction 1. The Republic of Malawi (Malawi) is a State Party to the African Charter on Human and Peoples' Rights (the African Charter or the Charter), having ratified the same on 17 November 1989. 2. Malawi also ratified the Protocol to the African Charter on Human and Peoples’ Rights relating to the Rights of Women in Africa (the Maputo Protocol), on 20 May 2005. 3. Malawi submitted its Initial and Combined Periodic Report (the Report) in accordance with Article 62 of the African Charter to the African Commission on Human and Peoples' Rights (the Commission) and Article 26 of the Maputo Protocol, on 19 July 2013. 4. The present Report, which covers the period from 1992 to 2013, combines the initial and all outstanding Periodic Reports (Second to Eleventh)1. 5. The African Commission considered the Report during its 56th Ordinary Session, held from 21 April – 7 May 2015 in Banjul, The Gambia. 6. The Report was presented to the African Commission by the Delegation from Malawi (the Delegation), which comprised the following officials: Honourable S.B.
    [Show full text]