Beyond legal measures: a review of the DRC's initial report under the Protocol to the African Charter on Human and Peoples' Rights on the rights of women in Africa
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Date
Authors
Makunya, Trésor Muhindo
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Abstract
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) established a reporting process to monitor compliance. Despite its shortcomings, this process provides an opportunity for states to engage in a frank, constructive and open dialogue with the African Commission on the measures they have adopted to realize women's rights and the challenges they face. The DRC's initial report on implementing the Maputo Protocol provides an opportunity to assess how the country has advanced women's rights. This article notes that the DRC has adopted legislation and policies to comply with some of its obligations under the protocol. However, these have not brought about much transformation in terms of effective enjoyment of rights due to the contested nature of many women's rights and the community's patriarchal mindset. The article argues that states should focus on extra-legal measures that can counteract negative attitudes and beliefs towards women's rights.
Description
Keywords
Maputo Protocol, African Commission on Human and Peoples’ Rights, State reporting, Safe abortion, Access to justice, Political participation, Domestic violence, SDG-05: Gender equality
Sustainable Development Goals
Citation
Makunya, T.M. 2023, 'Beyond legal measures: a review of the DRC's initial report under the Protocol to the African Charter on Human and Peoples' Rights on the rights of women in Africa', Journal of African Law, vol. 67, no. 2, pp. 225-240, doi : 10.1017/S0021855323000141.