Protocol to the african charter on human and people's rights
on the rights of women in africa
The Protocol on the Rights of Women in Africa, also known as the Maputo Protocol, was adopted by the African Union in July 2003 and came into force in November 2005. The Protocol requires African governments to eliminate all forms of violence and discrimination against women, and to promote gender equality.
Article 14 focuses on Health and Reproductive Rights, stating:
1. States Parties shall ensure that the right to health of women, including sexual and reproductive health is respected and promoted. This includes:
a) the right to control their fertility;
b) the right to decide whether to have children, the number of children and the spacing of children;
c) the right to choose any method of contraception;
d) the right to self protection and to be protected against sexually transmitted infections, including HIV/AIDS;
e) the right to be informed on one's health status and on the health status of one's partner, particularly if affected with sexually transmitted infections, including HIV/AIDS, in accordance with internationally recognised standards and best practices;
f) the right to have family planning education.
2. States Parties shall take all appropriate measures to:
a) provide adequate, affordable and accessible health services, including information, education and communication programmes to women especially those in rural areas;
b) establish and strengthen existing pre-natal, delivery and post-natal health and nutritional services for women during pregnancy and while they are breast- feeding;
c) protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the fetus.
Click here for the full Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa
support & opposition
- Many religious groups, both Christian and Muslim, opposed the Maputo Protocol due to Article 14 and its reference to legalizing abortion in certain circumstances and the right of women to access contraceptives.
- Human rights organizations viewed the Maputo Protocol as a major win in the fight for women's rights.
- "For the first time in international law, it explicitly sets forth the reproductive right of women to medical abortion when pregnancy results from rape or incest or when the continuation of pregnancy endangers the health or life of the mother."
Countries that have ratified the maputo protocol
Angola, Benin, Burkina Faso, Cameroon, Cape Verde, Comoros, Democratic Republic of Congo, Djibouti, Gambia, Ghana, Guinea-Bissau, Libya, Lesotho, Liberia, Mali, Malawi, Mozambique, Mauritania, Namibia, Nigeria, Rwanda, Senegal, Seychelles, South Africa, Tanzania, Togo, Uganda, Zambia, Zimbabwe, Kenya, Equatorial Guinea.
- A New Practical Guide on Using the Groundbreaking Protocol on Rights of Women in Africa. Solidarity for African Women's Rights, 11 July 2011. Web. 23 Nov. 2012. <http://www.soawr.org/en/news/item/ a_new_practical_guide_on_using_the_ groundbreaking_protocol_on_rights_of_wom/>.