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DƆNÙESÈ Data Center / Women’s Rights Laws by Country / South Sudan

East Africa · Country law profile

South Sudan: women’s rights and civic space laws

South Sudan ratified CEDAW and its Optional Protocol in 2015 and the Maputo Protocol in 2023. Its Penal Code Act 2008 criminalises rape but states that sexual intercourse by a married couple is not rape, and there is no specific domestic violence law. The Child Act 2008 protects children from early and forced marriage, yet customary practice allows girls to marry at puberty and about half of women married before 18. Civic space is rated repressed by the CIVICUS Monitor, with restrictive security and cybercrime laws.

Women leaders at an RFLD convening
Women leaders at an RFLD convening. RFLD member organisations use these laws in their advocacy. Photo: RFLD, taken with the consent of participants.

At a glance

CapitalJuba
Legal systemMixed system of statutory law and customary law; customary law often governs marriage and family matters in practice
Official languagesEnglish

Key indicators

32.4%Women in Transitional National Legislative Assembly (2026)
Not clearly set in lawMinimum legal age of marriage (2024)
52% (9% before 15)Women aged 20 to 24 married before 18 (2010)
67.5World Bank Women, Business and the Law 1.0 index (2024)
50.0World Bank Women, Business and the Law 2.0 legal frameworks score (2024)

Regional and international treaties

TreatyStatusReservations or notes
Maputo Protocolsigned 24/01/2013 / ratified 24/02/2023 / deposited 07/06/2023
CEDAWaccession 30/04/2015
CEDAW Optional Protocolaccession 30/04/2015
African Charter on the Rights and Welfare of the Childsigned 24/01/2013; not ratified as of the AU list dated 14/02/2023
ICCPRaccession 05/02/2024
Kampala Conventionsigned 24/01/2013 / ratified 26/09/2018 / deposited 21/06/2019
AU Convention on Cyber Security and Personal Data Protection (Malabo)Not signed or ratified (AU list dated 02/02/2026)

Constitution

ConstitutionTransitional Constitution of the Republic of South Sudan, 2011 (as amended)

National laws

Gender-based and domestic violence
No specific domestic violence law
Domestic violence can only be prosecuted under general Penal Code offences.
Gaps: The World Bank found no legislation specifically addressing domestic violence.
Rape and sexual offences
Penal Code Act, 2008, section 247
Defines rape as sexual intercourse without consent, punishable by up to 14 years’ imprisonment, and provides that consent given by a person under 18 is not valid consent.
Gaps: Section 247(3) states that sexual intercourse by a married couple is not rape, so marital rape is not criminalised.
Sexual harassment
Penal Code Act, 2008, sections 395 and 396; Labour Act, 2017, sections 5, 7, 80(1)(a) and 85
Provides criminal penalties for sexual harassment and civil remedies for sexual harassment at work.
Child marriage and age of marriage
Child Act, 2008, section 23
Defines a child as a person under 18 and protects children from early and forced marriage.
Gaps: No minimum age of marriage is clearly set in law, and customary law often allows girls to marry at puberty.
Child marriage and age of marriage
Penal Code Act, 2008, section 273
Criminalises kidnapping or abducting a woman to compel her to marry, with up to 10 years’ imprisonment.
Gaps: The Penal Code does not criminalise people who arrange child marriages.
Harmful practices
Lakes State law criminalising child and forced marriage (2022)
In September 2022 Lakes State criminalised child and forced marriage at state level.
Gaps: Applies only in Lakes State.
Source: hrw.org
Inheritance and succession
Child Act, 2008, section 20; Civil Procedures Act, 2007, section 7(2)
The Child Act gives sons and daughters equal inheritance rights.
Gaps: The World Bank found that surviving spouses do not have equal inheritance rights, citing section 7(2) of the Civil Procedures Act.
Land and property
Land Act, 2009, section 13(4)
The Land Act is the main land statute and is cited by the World Bank in its assessment of women’s property rights.
Gaps: The World Bank did not find equal ownership rights to immovable property for women and men in its 2020 assessment.
Labour and maternity
Labour Act, 2017 (sections 6 and 8 on discrimination and equal pay; section 64 on leave)
Prohibits gender discrimination in employment and requires equal remuneration for work of equal value. Section 64 covers maternity leave.
Gaps: Paid maternity leave falls short of 14 weeks according to the World Bank.
Trafficking
Penal Code Act, 2008, sections 276 and 282
Section 282 punishes trafficking in persons with up to 7 years’ imprisonment; section 276 punishes trafficking of children under 18 with up to 14 years.
Online violence and cybercrime
Cybercrimes and Computer Misuse Act, 2026 (signed 18 February 2026, replacing the Provisional Order of 2021)
Creates offences of cyberbullying (section 53, up to 10 years) and cyber harassment (section 67, up to 5 years) that can apply to online abuse of women.
Gaps: Press freedom groups warn that vague offences such as publishing false information (section 44) can be used against journalists and critics.
Source: cpj.org
Data protection
No data protection law; Transitional Constitution, Article 22
The Constitution protects the right to privacy, and a data protection bill has been drafted.
Gaps: The 2021 cybercrime order required providers to retain communications data for 180 days without strong privacy safeguards.
Human rights defenders
Non-Governmental Organizations Act, 2016
Regulates the registration and operation of NGOs.
Gaps: CIVICUS lists it among laws that constrain civic activity.
Human rights defenders
National Security Service Act, 2014, and the amendment passed in October 2024
Sets the powers of the national security service, including arrest powers.
Gaps: The October 2024 amendment was criticised for expanding surveillance and control powers.
Vulnerable Groups
Penal Code Act, 2008, sections 248 and 249 (with section 379 on dress)
Section 248 criminalises carnal intercourse against the order of nature (up to 10 years) and section 249 gross indecency (up to 14 years). Section 379 penalises men who dress as women.
Gaps: The provisions apply to men; sex between women is not explicitly criminalised.

Civic space

CIVICUS Monitor ratingRepressed (21/100)
NGO and association lawNon-Governmental Organizations Act, 2016
Press and media lawMedia Authority Act, 2013
Cybercrime lawCybercrimes and Computer Misuse Act, 2026
Human rights defenders lawNo specific law protecting human rights defenders
Public order and counter-terrorismNational Security Service Act, 2014, amended in October 2024
NotesCIVICUS reports persistent threats to journalists and critics, and stricter controls on media and internet access announced in March 2026.
Women and girls with disabilities
No specific disability law
Organisations of persons with disabilities are still calling on the government to adopt one.
Gaps: No general law on the rights of persons with disabilities.
Source: eyeradio.org
Social protection
National Social Insurance Fund Act, 2023
Passed on 18 October 2023 and assented in December 2023. Its implementation is contested in 2026.
Source: eyeradio.org
Access to justice and legal aid
No specific legal aid law
The Ministry of Justice provides some free legal aid and consulted on a legal aid policy.
Gaps: No law on legal aid.
Source: mojca.gov.ss
Older persons
No specific law on older persons
The Constitution recognises the rights of older persons, but no law gives effect to them.
Gaps: No law on the rights of older persons.

Recent developments

Reforms recommended

Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.

Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: female genital mutilation, family and personal status, abortion and sexual and reproductive health, girls’ education, political participation and quotas, nationality. Corrections and documents are welcome at programs@rflgd.org.

African Union treaties

Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 4 of the 13 human rights and governance treaties below are ratified.

Other AU treaties (16)
Sources (20)
  1. girlsnotbrides.org · south sudan
  2. wbl.worldbank.org · WBL2024 Economy Scores
  3. au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
  4. treaties.un.org · iv 8.en
  5. treaties.un.org · iv 8 b.en
  6. au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
  7. treaties.un.org · IV 4.en
  8. au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
  9. au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
  10. dataprotection.africa · south sudan
  11. wbl.worldbank.org · South sudan
  12. radiotamazuj.org · opinion is south sudans law clear on the crime of rape
  13. radiotamazuj.org · opinion what constitutes rape and what are the remedies f…
  14. antislaverylaw.ac.uk · south sudan
  15. hrw.org · south sudan
  16. mojca.gov.ss · laws of the republic of south sudan
  17. cpj.org · south sudans new cybercrime law ramps up threat of jail f…
  18. cipesa.org · Analysis of the South Sudan Cyber Crimes and Computer Mis…
  19. monitor.civicus.org · south sudan
  20. humandignitytrust.org · south sudan

Other countries in East Africa

Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.

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