Womens rights in Africa
Womens rights in Africa
Name
Institution
Introduction
Women have experienced injustices solely because the international human rights law have not been applied effectively to handle the disadvantages against women. The reasons for this failure to protect women rights are complex and vary from one country to another (Krantz, et al, 2005). These reasons include lack of states practice condemning discrimination against women, lack of understanding of the systemic nature of the subordination of women and failure to recognize the need to characterize the subordination of women as a violation of human right. In addition, the womens groups have not fully understood the potential of international human rights law to vindicate womens rights.
Women face many circumstances that violate human rights such as discrimination to own property, gender violence and nationality problem (Cook, 2003). Jack Donnellys Universal Human Right Theory and Practice argues that discrimination against sexual minorities has an international dimension and should be considered as an important component in highlighting solutions. Therefore, human right should guarantee beliefs of fairness and inclusion of all gender issues.
Property Ownership Discrimination against Women
In many African states, women are denied access to real and personal property, whether it by discriminatory divorce, inheritance or customary law. If the man dies without a Will, which is generally the case in many African states, the customary law is used to determine who inherits the property. According to customary law, the heir is supposed to be the deceaseds eldest son (Krantz, et al, 2005). This denies women not only the right to own the property but also the benefits of land tenure such as its availability to secure loans from financial institutions. Moreover, upon divorce, African women cannot claim matrimonial properties. Article 2 of Universal human rights is against all forms of discrimination against women (Izumi, 2007). It also develops a sex-neutral norm that requires equal treatment of men and women.
The Universal Declaration of Human Rights obligates all States to ensure that whatever cultural values and practice are permitted by the domestic law, they must comply with the human right principle of freedom from discrimination on the basis of sex (Cook, 2003). Therefore, the issues of womens property rights should be carefully addressed by all stakeholders at every level of government.
Most African governments are failing to take necessary legislative steps to reform laws as well as change customs and practices with regard to rights of women (Krantz, et al, 2005). In addition, under the UDHR many African states are failing to reform sex discriminatory laws. Furthermore, womens groups who try to reform the sex discriminatory laws are dismissed by some government officials as misguided elites copying western concepts. The situation is further complicated because many women lack awareness of law and lack of opportunities to meet and discuss the legal status and map decide a way forward.
Legal frameworks such as African Commission on Human and Peoples Rights, which is created under UDHR should help the African women in fighting for their rights (Izumi, 2007). Many womens groups have limited knowledge on universal human rights, and their relevance and potential in the promotion of womens rights. Therefore, the groups should work with local non-governmental organisations in order to communicate violations of womens property rights.
International communities should lobby international institutions such as World Bank to change the loan policies so that the African governments can change the states law that discriminate against womens property rights (Walsh, 2005). Besides, donors government should make sure that women and men have the equal rights in order to benefit from the loans.
Gender based violence
Gender-based violence refers to violence that targets an individual or groups on the basis of their gender (Izumi, 2007). Article 2 of the universal declaration of human rights states that “everyone is eligible to all the freedoms and rights set forth in this declaration, without any type of division such as sex, race, colour, language, political, property, social origin or national or birth or other status”. Various forms of violence include domestic violence, such as murder, rape or battery by husbands or other male partners.
Other include, gender-based violence by police and security forces (torture of detained women), female genital mutilations, gender based violence against women during armed conflict, against women refugees or forced abortion (Krantz, et al, 2005). Gender based violence is common in Africa where patriarchal mechanisms control of women that are built on male superiority and women inferiority (Wadesango, et al, 2011). In addition, cultures stereotype the roles of men and women where men enjoy political predominance and dependency of women. Violence mechanisms are used to enforce the patriarchal system against women.
Victims of domestic violence exist under pressures that are not felt by victims of other crime. Battered women always lack the social, economic and emotional means to leave with their batterers (Cook, 2003). Many women have no financial resources to leave their relationships. Therefore, they cannot leave these relationships where they continuously suffer. Moreover, strategies that will enhance international standards of prohibition of violence against women such as Committee of Elimination of Discrimination against Women (CEDAW) general recommendations 19 should be implemented. Strategies that would bring the issues of violence against women into the mainstream of human right work should be implemented.
Female Genital Mutilation
It is a common practice in more than 28 African states. FGM is practiced on the pretext of cultural value and hygiene in different ethnic communities. Young girls suffer from FGM because all their external genitalia are removed. They are then stitched leaving a small opening for menstruation and intercourse. Approximately more than 135 million young girls in Africa undergo FGM every year. This is defilement of the right of girls because they are guaranteed right to personal choice. Instead, they face traditional curse or punishment from their parent if they refuse. Not only do they endure pain during the heinous act but also risk their health from HIV infections (Krantz, et al, 2005). FGM continuous to thrive since governments do not prosecute the perpetrators. FGM violates article 5 of UDHR which states that no one shall be exposed to agony or to cruel, inhuman or humiliating management or punishment.
Donnellys argues that policies that are culturally and holistically analysis the human rights should be at the forefront in reducing gender based violence (Cook, 2003). Furthermore, he argues that although culture maintains a critical function in establishing and implementing universal right.
International human right guaranteed liberal feminism to realize the equal treatment and discounts intrinsic differences between men and women (Merry, 2006). Therefore, mistreatments such as gender violence and discrimination are unacceptable in the contemporary society. Religion and culture are often sources of womens oppression; therefore, there is a need for religious and cultural reforms.
The Universal declaration of human right should be applied to all states indifferent of when and how nationhood was established (Shell‐Duncan, 2008). Many countries in Africa still hold on primitive cultures that do not give women their universal rights. Moreover, human rights in Africa are not meaningful because of severity of socio-cultural and economic problems faced by women. The rights discourse is weak in Africa because it only favours, free and independent women whereas it does not support African women attached to their communities, ethnic groups or castes.
References
Cook, R. J. (2003). Women’s international human rights law: the way forward. Human Rights Quarterly, 230-261.
Izumi, K. (2007). Gender-based violence and property grabbing in Africa: a denial of women’s liberty and security. Gender & Development, 15(1), 11-23.
Krantz, G., & Garcia-Moreno, C. (2005). Violence against women: Journal of epidemiology and community health, 59(10), 818-821
Merry, S. E. (2006). Transnational human rights and local activism: Mapping the middle. American anthropologist, 108(1), 38-51.
Shell‐Duncan, B. (2008). From health to human rights: Female genital cutting and the politics of intervention. American Anthropologist, 110(2), 225-236.
Wadesango, N., Rembe, S., & Chabaya, O. (2011). Violation of women‟ s rights by harmful traditional practices. Anthropologist, 13(2), 121-129.
Walsh, J. (2005). Women’s Property Rights Violations and HIV/AIDS in Africa. Peace Review, 17(2/3), 189-195.