© 2003 Center for Reproductive Rights www.reproductiverights.org formerly the Center for Reproductive Law and Policy Ethiopia Ghana Kenya Nigeria South Africa Tanzania Zimbabwe PAGE 2 WOMEN OF THE WORLD: WOMEN OF THE WORLD: LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES. ANGLOPHONE AFRICA Published by: The Center for Reproductive Law and Policy 120 Wall Street New York,NY 10005 U.S.A. First Edition, May 1997 Entire content copyright © 1997,The Center for Reproductive Law & Policy,Inc. and International Federa- tion of Women Lawyers (Kenya Chapter) F.I.D.A.-K. All rights reserved. Reproduction or transmission in any form, by any means (electronic, photocopying, recording, or otherwise), in whole or in part, without the prior consent of the Center for Reproductive Law & Policy, Inc. is expressly prohibited. ISBN 1-890671-01-0 ISBN 1-890671-00-2 LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES PAGE 3 Acknowledgments he report was coordinated,edited,and partially drafted by Research, preliminary drafting, consulting, and review of Viviana Waisman, a consulting attorney at CRLP.It was the Zimbabwe chapter was provided by Luta Shaba,Women T edited and partially drafted by Anika Rahman,Director of in Law and Development in Africa (“WiLDAF”),Zimbabwe CRLP’s International Program.The report’s regional director with the assistance of Everjoice Win of WiLDAF. The chap- was Jane Kiragu of F.I.D.A.-Kenya. Stephen Harrison was ter was authored by Mia Kim of CRLP. instrumental in coordinating portions of this report.The fol- The following students provided research assistance:Melissa lowing individuals from CRLP provided invaluable assis- Rothstein,Ariadne Sacharoff,Tracey Maulfair,Kathleen Bergin, tance: Janet Benshoof; Katherine Hall Martinez; Barbara Jeremy Telman,Noel Raley,and Caroline H.Luckenbach. Becker; Cynthia E. N. Eyakuze; Andrea Miller; Lisa Yoffee; CRLP would like to thank the following people for their Lenee Simon; and Bonnie Kimmel. The following people assistance in locating materials: Charles Mwalimu, Senior from F.I.D.A.-Kenya also provided invaluable assistance: Jean Legal Specialist,The Library of Congress, Maria Tungaraza, Kamau, Executive Director; Jane Wanjiru Michuki; Pauline and Monica Mhoja. Muthoni Mburu; and Anastasia Wanjiru Mwangi. Fareda CRLP and FIDA-Kenya would like to thank the follow- Banda, lecturer at the School of Oriental and African Studies ing organizations for their generous financial support of (“SOAS”) at the University of London (United Kingdom), this report: Gender, Population & Development Branch was the peer reviewer for this entire report. of the Technical & Evaluation Division of the United Nations Research, preliminary drafting, and consulting for the Population Fund; The International Planned Parenthood Ethiopia chapter was conducted by Zewdu Alem,Inter Africa Federation-Africa Region; and The William and Flora Group, Ethiopia.This chapter was authored by Laura Katzive Hewlett Foundation. of CRLP and Viviana Waisman. Design and Production:© Emerson,Wajdowicz Studios,Inc. Research, preliminary drafting, and consulting for the Ghana chapter was conducted by Victoria Addy, President, FIDA-Ghana.This chapter was authored by Katherine Hall Martinez. Research assistance and consulting for the Nigeria chapter was undertaken by Theresa Akumadu,Head,Women’s Right Project, Civil Liberties Organisation, Nigeria. Mia Kim of CRLP updated and drafted this chapter on the basis of the information related to Nigeria contained in CRLP’s Women of the World: Formal Laws and Policies Affecting Their Reproductive Lives. Research, consulting, and preliminary drafting of the South Africa chapter was conducted by Marion Stevens, Women’s Health Project,University of Witwatersrand,South Africa and Anne Strode, Regional Director, Lawyers for Human Rights, South Africa.This chapter was authored by Stephen Harrison. Research assistance and preliminary drafting for the Tan- zania chapter was conducted by Prabha Kotsiwaran of CRLP and Helen Kijo-Bisimba, Chairperson, Women Legal Aid Center,Tanzania.This chapter was authored and researched by Viviana Waisman. Research, preliminary drafting, consulting, and review for the Kenya chapter was conducted by Jane Kiragu, FIDA- Kenya.This chapter was authored by Stephen Harrison. PAGE 4 WOMEN OF THE WORLD: Table of Contents GLOSSARY 7 B. Economic and Social Rights 44 C.Right to Physical Integrity 45 FOREWORD 8 IV.Focusing on the Rights of a Special Group: Adolescents 46 A.Reproductive Health and Adolescents 46 1. INTRODUCTION 9 B. Female Genital Mutilation and Adolescents 46 C.Female Religious Bondage 46 2. ETHIOPIA 13 D.Marriage and Adolescents 47 I. Setting the Stage:The Legal and Political E. Education and Adolescents 47 Framework 15 F. Sex Education for Adolescents 47 A.The Structure of Government 15 G.Sexual Offenses Against Minors 47 B. Sources of Law 16 II. Examining Reproductive Health and Rights 17 4. KENYA 53 A.Health Laws and Policies 17 I. Setting the Stage:The Legal and Political B. Population and Family Planning 19 Framework 55 C.Contraception 20 A.The Structure of Government 55 D.Abortion 20 B. Sources of Law 55 E. Sterilization 21 II. Examining Reproductive Health and Rights 57 F. Female Genital Mutilation/Female Circumcision 21 A.Health Laws and Policies 57 G.HIV/AIDS and Sexually Transmitted Diseases 22 B. Population and Family Planning 59 III. Understanding the Exercise of Reproductive C.Contraception 61 Rights:Women’s Legal Status 22 D.Abortion 62 A.Rights Within Marriage 22 E. Sterilization 63 B. Economic and Social Rights 24 F. Female Genital Mutilation/Female Circumcision 63 C.Right to Physical Integrity 25 G.HIV/AIDS and Sexually Transmitted Diseases 63 IV.Focusing on the Rights of a Special Group: Adolescents 25 III. Understanding the Exercise of Reproductive Rights:Women’s Legal Status 65 A.Reproductive Health and Adolescents 25 A.Rights Within Marriage 65 B. Female Genital Mutilation and Adolescents 25 B. Economic and Social Rights 67 C.Marriage and Adolescents 26 C.Right to Physical Integrity 68 D.Sex Education for Adolescents 26 E. Sexual Offenses Against Minors 26 IV.Focusing on the Rights of a Special Group: Adolescents 69 A.Reproductive Health and Adolescents 69 3. GHANA 30 B. Female Genital Mutilation and Adolescents 69 I. Setting the Stage:The Legal and Political C.Marriage and Adolescents 69 Framework 32 D.Education and Adolescents 70 A.The Structure of Government 32 E. Sex Education for Adolescents 70 B. Sources of Law 33 F. Sexual Offenses Against Minors 70 II. Examining Reproductive Health and Rights 34 A.Health Laws and Policies 34 5. NIGERIA 75 B. Population and Family Planning 37 I. Setting the Stage:The Legal and Political C.Contraception 39 Framework 77 D.Abortion 39 A.The Structure of Government 77 E. Sterilization 40 B. Sources of Law 77 F. Female Genital Mutilation/Female Circumcision 41 II. Examining Reproductive Health and Rights 78 G.HIV/AIDS and Sexually Transmitted Diseases 41 A.Health Laws and Policies 78 III. Understanding the Exercise of Reproductive B. Population and Family Planning 79 Rights:Women’s Legal Status 42 C.Contraception 81 A.Rights Within Marriage 42 LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES PAGE 5 D.Abortion 81 A.Health Laws and Policies 116 E. Sterilization 82 B. Population and Family Planning 119 F. Female Genital Mutilation/Female Circumcision 82 C.Contraception 120 G.HIV/AIDS and Sexually Transmitted Diseases 82 D.Abortion 120 III. Understanding the Exercise of Reproductive E. Sterilization 121 Rights:Women’s Legal Status 83 F. Female Genital Mutilation/Female Circumcision 121 A.Rights Within Marriage 83 G.HIV/AIDS and Sexually Transmitted Diseases 121 B. Economic and Social Rights 84 III. Understanding the Exercise of Reproductive C.Right to Physical Integrity 84 Rights:Women’s Legal Status 122 IV.Focusing on the Rights of a Special Group: A.Rights Within Marriage 122 Adolescents 85 B. Economic and Social Rights 124 A.Reproductive Health and Adolescents 85 C.Right to Physical Integrity 125 B. Female Genital Mutilation and Adolescents 85 IV.Focusing on the Rights of a Special Group: C.Marriage and Adolescents 85 Adolescents 125 D.Education and Adolescents 85 A.Reproductive Health and Adolescents 125 E. Sex Education for Adolescents 85 B. Female Genital Mutilation and Adolescents 126 F. Sexual Offenses Against Minors 86 C.Marriage and Adolescents 126 D.Education and Adolescents 126 6. SOUTH AFRICA 90 E. Sex Education for Adolescents 126 I. Setting the Stage:The Legal and Political F. Sexual Offenses Against Minors 126 Framework 92 A.The Structure of Government 92 8. ZIMBABWE 130 B. Sources of Law 93 I. Setting the Stage:The Legal and Political II. Examining Reproductive Health and Rights 95 Framework 132 A.Health Laws and Policies 95 A.The Structure of Government 132 B. Population and Family Planning 96 B.Sources of Law 133 C.Contraception 97 II. Examining Reproductive Health and Rights 133 D.Abortion 98 A.Health Laws and Policies 133 E. Sterilization 99 B. Population and Family Planning 136 F. Female Genital Mutilation/Female Circumcision 99 C.Contraception 137 G.HIV/AIDS and Sexually Transmitted Diseases 99 D.Abortion 138 H. Artificial Insemination 102 E. Sterilization 139 III. Understanding the Exercise of Reproductive F. Female Genital Mutilation/Female Circumcision 139 Rights:Women’s Legal Status 102 G.HIV/AIDS and Sexually Transmitted Diseases 139 A.Rights Within Marriage 103 III. Understanding the Exercise of Reproductive B. Economic and Social Rights 104 Rights:Women’s Legal Status 140 C.Right to Physical Integrity 105 A.Rights Within Marriage 141 IV.Focusing on the Rights of a Special Group: B. Economic and Social Rights 142 Adolescents 106 C.Right to Physical Integrity 144 A.Reproductive Health and Adolescents 106 IV.Focusing on the Rights of a Special Group: B. Female Genital Mutilation and Adolescents 106 Adolescents 144 C.Marriage and Adolescents 106 A.Reproductive Health and Adolescents 145 D.Education and Adolescents 106 B.