Protocol To The African Charter On Human And Peoples’ Rights On the Rights of Women In Africa
(Continued from our 28th  Ethitions)
Friday11th November 2005

i) “Violence against women” men all acts perpetrated against women which cause or could cause them physical, sexual, psychological, and economic harm, including the threat to take such act; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life and during situations of armed conflicts or of war.

j) “Women” means persons of female gender, including girls;

Article 2

Elimination of Discrimination Against Women

1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall:

a) Include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application;

b) Enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those harmful practices which endanger the health and general well-being of women;

c) Integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life;

d) Take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;

e) Support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.

2. States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men.

Article 3

Right to Dignity

1. Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights;

2. Every woman shall have the right  to respect as a person and to the free development of her personality;

3. States Parties shall adopt and implement appropriate measures to prohibit any exploitation or degradation of women;

4. States Parties shall adopt and implement appropriate measures to ensure the protection of every woman’s right to respect for her dignity and protection of women from all forms of violence, particularly sexual and verbal violence.

Article 4

The Rights to Life, Integrity and Security of the Person

1. Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, in human or degrading punishment and treatment shall be prohibited.

2. States Parties shall take appropriate and effective measures to:

a) Enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public;

b) Adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women;

c) Identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence;

d) Actively promote peace education through curricula and social communication in order to eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimise and exacerbate the persistence and tolerance of violence against women;

e) Punish the perpetrators of violence against women and implement programmes for the rehabilitation of women victims;

f) Establish mechanisms and accessible services for effective information, rehabilitation reparation for victims of violence against women;

g) Prevent and condemn trafficking in women, prosecute the perpetrators of such trafficking and protect those women most at risk;

h) prohibit all medical or scientific experiments on women without their informed consent;

i) provide adequate budgetary and other resources for the implementation and monitoring of actions aimed at preventing and eradicating violence against women;

j) Ensure that, in those countries where the death penalty still exists, not to carry our death sentences on pregnant or nursing women.

k) Ensure that women and men enjoy equal rights in terms of access to refugee status, determination procedures and other documents;

Separation, Divorce and Annulment of Marriage

States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage. In this regard, they shall ensure that;

By courtesy of  ACHDR