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Essay / Addressing women's rights in Africa
The African Charter on Human and Peoples' Rights (ACHPR) initially outlined what human rights should look like in Africa and how they should be applied in the African national sphere. This charter, also known as the Banjul Charter, aimed to establish individual rights and freedoms and hold Africa accountable for any future rights violations in the international sphere. The project was approved in 1981 and came into force in 1986 by the Organization of African Unity (later the African Union). Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”? Get an original essay In a study aimed at exploring the direct effect of culture on women's rights in Africa, four main articles are highlighted in the ACHPR which mention Women's Rights, namely articles 2, 3, 18 and 60. However, these articles lack specificity. For example, Article 18 addresses discrimination against women only in the family context, which means that it does not address women's rights in the public and private spheres. Not to mention that mention of the right of women to consent to marriage as well as rights during and after divorce is absent from the charter. Due to the charter's shortcomings, the Protocol to the ACHPR was proposed by the designated Special Rapporteur on women's rights. Unlike the ACHPR, the Protocol emphasizes the civil and political liberties of women, primarily protecting their rights in the public and private sphere. Women's rights to consent, inherit, work, vote, and use birth control. Not only that, but it calls for the elimination of all practices harmful to women's freedoms, for example early marriage and female genital mutilation (FGM). The Protocol only came into force in 2003, but as of 2006, 36 countries had not fully ratified it. Due to the failure to ratify the Protocol, women's rights remain vague in the ACHPR and their rights and freedoms remain restricted in their daily lives. Culture and its effects on women's rights The study mentioned above defines culture as “inherited ideas, beliefs, values”. and knowledge, which constitute the shared bases of social action” in which religion is included. African society can be described as essentially patriarchal, placing men at the center of all cultural practices. The superiority of men over women restricts women's rights and subjects female citizens to their fathers, brothers and husbands. That being said, some cultural practices protect women's rights, for example, a payment to the bride-to-be must be made by the groom-to-be to ensure some economic independence for the bride before marriage. This payment belongs to the bride and is generally prohibited from use by the groom. However, even with limited protection of women's rights, their individual freedoms are still encroached upon by African society. For example, in some African countries, notably Nigeria, a husband is legally allowed to physically punish his wife as long as it does not cause any permanent harm. Additionally, travel and travel documents are very difficult to obtain and the right to travel is sometimes prohibited by the government to women wishing to leave the country alone. In some cases, the approval of the father or husband is required and in others, a male escort, either the father, brother or husband, is required for a woman to leave the country. Female genital mutilation (FGM) is another. cultural practices.