Legal Equality for Women in Africa: Where the Law Stands
How equal are women before the law in Africa? Data on legal gaps in family, land, work and safety, what the Maputo Protocol requires and how RFLD tracks it.
Last updated · October 6, 2026
Legal equality means women have the same rights as men under the law: to marry and divorce on equal terms, to own and inherit land, to work and be paid fairly, to pass on their nationality and to be protected from violence. In Africa, laws have improved a lot in twenty years, yet many gaps remain, and the distance between law and practice is still wide.
The gap in numbers
The World Bank’s Women, Business and the Law 2024 report found that, worldwide, women enjoy just 64% of the legal protections men have once violence and childcare are taken into account. Countries have put in place less than 40% of the systems needed to apply equal opportunity laws.
In sub-Saharan Africa, Togo leads the region with laws that give women about 77% of the rights measured, yet it has set up only 27% of the systems needed to implement them, which is the regional average. On women’s safety, the global average score is 36 out of 100.
Where women face the biggest legal gaps
- Family law: minimum age of marriage, consent, polygamy, divorce, custody of children and the rule that the husband is head of household.
- Land and inheritance: customary rules that exclude daughters and widows, and weak registration of women’s land rights.
- Work and pay: limits on the jobs women may do, no equal pay rules, little protection during pregnancy and weak childcare support.
- Nationality and documents: in some countries women still cannot pass their nationality to a foreign husband on the same terms as men.
- Protection from violence: missing laws on domestic violence, marital rape, sexual harassment or femicide. See our pages on domestic violence and sexual violence.
- Access to justice: cost, distance, language and plural legal systems where customary courts apply different rules.
What the Maputo Protocol requires
The Maputo Protocol is Africa’s main treaty on women’s rights. It obliges States to eliminate discrimination against women in law and practice (Article 2), and sets precise standards: 18 as the minimum age of marriage with free and full consent (Article 6), equal rights in separation and divorce (Article 7), equal protection before the law and access to justice (Article 8), equal participation in political life (Article 9), and equal rights to inheritance (Article 21).
Some States limit these obligations through reservations, often on marriage, family and reproductive rights. Learn what a reservation to the Maputo Protocol is and why it matters.
From law on paper to change in women’s lives
A good law changes little if judges, police and local authorities do not apply it, if women do not know it exists, or if there is no budget to implement it. Real equality needs trained justice actors, legal aid, women in decision-making and public data that shows what governments deliver.
How RFLD tracks legal equality
RFLD’s Dɔnùesè legislative platform maps laws that protect women in all 55 African Union member states, with country pages for example on Benin, Nigeria and Senegal. The Gender Accountability Hub compares what governments promised with what they did. RFLD’s 1,143 member organisations in more than 35 African countries use this evidence in advocacy before parliaments, ministries and the African Commission on Human and Peoples’ Rights.
Frequently asked questions
Are women equal to men under the law in Africa?
Not yet in any country. Constitutions in most African countries guarantee equality, but family codes, land rules, labour laws and customary practices still contain discriminatory provisions, and implementation is weak.
Which African country has the most equal laws for women?
In the World Bank’s Women, Business and the Law 2024, Togo has the highest legal score in sub-Saharan Africa, at about 77%. Even there, most of the systems needed to apply those laws are still missing.
Does customary law override national law?
It depends on the country. Under the Maputo Protocol and most constitutions, customary practices that discriminate against women should not be applied, but in practice customary rules still decide many questions of marriage, land and inheritance.
How can I find out what the law says in my country?
Use RFLD’s Dɔnùesè platform, which summarises laws on violence, marriage, family, land and health country by country, and contact a legal aid organisation for advice on your situation.
Sources
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