Implementation beyond banning: the prohibition of child marriage in Sierra Leone
Posted: 21 October, 2024 Filed under: Sorie Bangura | Tags: ACRWC, African Charter on the Rights and Welfare of the Child, child education, child marriage, Child Rights Act, children’s rights, early marriage, educational level, end child marriage, girls, income poverty line, lack of investment, poverty, Prohibition of Child Marriage Act 2024, reproductive health, Sexual Offences Act, Sierra Leone, teenage pregnancy, toilet facilities, Universal Periodic Review Leave a comment
Author: Sorie Bangura
Manager, Save the Children, Sierra Leone
In 2022, during the third cycle of the Universal Periodic Review (UPR) on Sierra Leone, the UPR working group urged Sierra Leone to ‘allocate adequate budgetary resources for the promotion and protection of children’s rights; harmonising laws to prevent and end child marriage, and undertaking comprehensive awareness-raising on the negative consequences of child marriage on girls; and enforcing the Child Rights Act and enabling the bill on the prohibition of child marriage.’ Fast forward to June 2024, Sierra Leone has enacted the Prohibition of Child Marriage Act 2024. The Act which prohibits and criminalises marrying anyone under the age of 18 also seek to protect the rights and development of girls which has long been violated and hindered.
Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a comment
Author: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
Child marriages in Zimbabwe and the failure by the State to fulfil its obligations to protect the rights of children
Posted: 26 August, 2021 Filed under: Nqobani Nyathi | Tags: ACERWC, Africa, African Commission, child marriage, child marriages, children's rights, Committee of Experts on the Rights of the Child, constitution, Constitution of Zimbabwe, discrimination, gender inequality, girl child, human rights, Maputo Protocol, Marriage Act, Marriages Bill, provisions, religion, religious justification, religious sects, reproductive health, rights of children, rule of law, sexual rights, SRHR, women's rights, Zimbabwe 1 Comment
Author: Nqobani Nyathi
Researcher, Centre for Human Rights, University of Pretoria
Introduction
Recently, there have been reports about a 14-year old child who died during childbirth. The reason why such a tragedy happened and may continue to happen is the State’s failure or unwillingness to eradicate child marriages. This article seeks to outline Zimbabwe’s legislative framework regarding child marriages and its obligations in terms of international law.
The legal position
Child marriage is illegal in Zimbabwe as held by Zimbabwe’s Constitutional Court. In January 2016, the apex court rightly found that the legislative provisions legalising child marriages were inconsistent with the Constitution of Zimbabwe. The Constitution has fairly strong provisions promoting and protecting the rights of children, including the right to be protected from sexual exploitation or any form of abuse. The Court also observed that historically there has been a “lack of common social consciousness on the problems of girls who became victims of early marriages.”
The fact that child marriages had to be declared illegal through litigation exposes this lack of common social consciousness. Zimbabwe had been clinging to the archaic law legalising the marriage of children in terms of both the Marriage Act 81 of 1964 and the Customary Marriages Act 23 of 1950.
Decriminalisation of consensual same-sex acts in Angola and the progress of LGBTI human rights in Lusophone Africa
Posted: 5 March, 2021 Filed under: Rui Garrido | Tags: Angola, Angolan Penal Code, decriminalization of consensual sexual acts, Deputy President José Semedo, discrimination, domestic violence, for SOGI hate crimes, HIV/Aids, homophobia, ICPD, in Lusophone Africa, LGBTI, LGBTI human rights, Lusophone Africa, Portuguese, reproductive health, same-sex acts, sex education, sexual health, sexual rights, SOGIESC 9 Comments
Author: Rui Garrido
Ph.D Candidate, University Institute of Lisbon (Portugal)
On 11 February 2021, the new Angolan Penal Code officially entered in force. This new legislation represented a major achievement for LGBTI people not only in Angola, but across the rest of Africa. It is important to highlight that, while the Penal Code was approved in Parliament in 23 January 2019, it was only officially published on 11 November 2020. Prior to this, the criminal legislation, the Portuguese Criminal Code (1886), inherited from colonialism, criminalised the “vices against nature” (art. 71)), a very vague formulation for deemed to refer to consensual same-sex conduct. Angola was the last of the African former Portuguese colonies to repeal the colonial legislation.
African youth’s sexual and reproductive health: a plight of degeneration?
Posted: 24 February, 2021 Filed under: Thandwa Dlamini | Tags: Africa, child, childhood, children, consensual sex, Convention on the Rights of the Child, decriminalization of consensual sexual acts, HIV/Aids, ICPD, International Conference on Population and Development, reproductive health, sex education, sexual health, sexual rights, sexuality, SRHR, Sylvia Tamale, teenage pregnancies, youth 1 Comment
Author: Thandwa Dlamini
Department of Sociology, Faculty of Humanities, University of Pretoria
At the International Conference on Population and Development (ICPD) in 1994, the right to sexual and reproductive health was recognised as the core of development. The right has also been embedded in various conventions, including the Convention on the Rights of the Child where it was established that adolescents have a right to ‘age-appropriate’ sexual and reproductive health information, education, and services that enable them to deal positively and responsibly with their sexuality. However, these agreements have not been fully and effectively implemented in Africa mainly because the policies of most African countries are framed on the basis of religious morality which pushes the unrealistic agenda of abstinence. As a result, a line between impermissible age discrimination and legitimate protection of minors has been difficult to draw in young adolescents’ sexual relations. This article argues that there is a need to direct attention to the issues involved in consensual relations among young adolescents, in tandem with other strategies that work towards giving them full sexual autonomy whilst curtailing unsafe, risky health outcomes and violence.
When policy isn’t enough: Examining accessibility of sexual and reproductive health rights for displaced populations in South Africa
Posted: 21 December, 2020 Filed under: Lidya Stamper | Tags: abortion, CEDAW, clinic, discrimination, displaced, Displaced Populations, gender inequality, IDP, IDPs, International Organization for Migration, IOM, Johannesburg, migrant populations, policy, poverty, public health, public health system, reproductive health, sexual and reproductive health rights, sexual health, South Africa, SRHS, UN Guiding Principles on Internal Displacement 2 Comments
Author: Lidya Stamper
Research Fellow, Centre of Human Rights, University of Pretoria
The right to sexual and reproductive health services (SRHS) is a fundamental human right for all, guaranteed under international human rights law. Legal protections outlining these rights have been recognised in South Africa through international, regional and domestic instruments. More specifically, these protections are highlighted and specified in documents such as the ‘Convention on the Elimination of all Forms of Discrimination Against Women’ (CEDAW), the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), and the 1996 Constitution of the Republic of South Africa. Despite the presence of these legal frameworks, outlining equality and non-discrimination, persistent inequalities continue to act as barriers to exercising SRHS. Legislative and policy advances in SRH have been undermined by a lack of successful implementation and improvements in service delivery, service accessibility, and service availability. Implementation challenges combined with a fragmented health sector have resulted in various obstacles including a lack of standardised care, gaps in the dissemination of information, overburdened health facilities, and provider opposition. Social conditions such as gender inequality, poor access to health services, and provider attitudes continue to reinforce these barriers, undermining many of the intended outcomes of the existing legislative and policy advances in the SRH realm.
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