West Africa Legislative Platform on Women and Girls
West Africa Legislative Platform on Women and Girls
Analysis of Legal Frameworks for Women and Girls' Rights
Introduction
How can we close the gender equality gap in West Africa? It starts with understanding the laws. Our new platform, a comprehensive new resource from the Network of Women Leaders for Development (RFLD), provides in-depth legal analysis for NGOs and donors. This platform is a vital tool for those dedicated to women's rights, offering a detailed overview of legal frameworks across 12+ countries.
The platform provides a clear and actionable overview of legal progress and gaps in areas like:
Gender-Based Violence (GBV)
Sexual and Reproductive Health and Rights (SRHR)
Sexual Harassment
Laws Protecting Women and girls with Disabilities
Land Rights for Women
Political Participation of Women
Laws on FGM
Harmonization of National Legislation with International Instruments
Institutional Mechanisms
This resource enables you to make informed decisions, strengthen your advocacy campaigns, and ensure your support has the greatest impact. We invite you to explore the platform and join us in building a more equitable future.
How This Platform Can Support Your Mission
Identify legislative gaps where your support is most needed. This platform is more than just a database; it is a tool for strategic action. For donors, it provides clear data to inform funding decisions, ensuring resources are directed towards areas with the greatest need.
Inform funding decisions with data-driven evidence. For NGOs, it offers crucial evidence to strengthen advocacy campaigns and identify opportunities for collaborative projects.
Strengthen advocacy campaigns for greater impact. By leveraging this platform, you can benchmark progress across different countries and tailor your programs to address specific legal and institutional challenges.
Country Profiles
Case of Benin
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Gender-Based Violence (GBV)
The Beninese authorities are committed to fighting gender inequality and violence against women and girls. Key laws include the LAW N° 2011-26 of January 9, 2011 on the prevention and repression of violence against women.
Impact & Urgency: This law is a critical step, but its partial application highlights the need for stronger enforcement mechanisms and public awareness to ensure survivors have access to justice and support services.
Sexual and Reproductive Health and Rights (SRHR)
The LAW N° 2021-12 of December 20, 2021 modifies the law on sexual and reproductive health, allowing for the voluntary termination of pregnancy under certain conditions. Other efforts include public awareness campaigns and support for community-based organizations.
Impact & Urgency: This is a major legislative advance, addressing a key issue with significant impact on women's health and economic well-being. The urgency lies in ensuring the law is widely understood and accessible, particularly in rural areas where access to information and health services is limited.
Sexual Harassment
The LAW N° 2006-19 represses sexual harassment. The LAW N°2021 - II DU 20 DECEMBRE 2021 carries special provisions for the repression of gender-based offenses, including sexual harassment and female genital mutilation.
Impact & Urgency: While the laws exist, the cultural and social barriers to reporting sexual harassment remain high. The urgency is in creating a supportive environment and robust institutional mechanisms that encourage women to come forward without fear of reprisal.
Laws Protecting Women with Disabilities
The LAW N°201706 DU 29 SEPTEMBRE 2017 protects and promotes the rights of persons with disabilities. An institutional, legal, and operational framework has been established, notably with the creation of the National Institute for Women (INF).
Impact & Urgency: These measures provide a legal basis for protection, but effective implementation requires overcoming persistent social prejudices and ensuring a more comprehensive support system. The urgency is in translating legal protections into tangible, accessible services.
Land Rights for Women
The LAW N°2013-01 DU 14 AOÛT 2013 on the Land and Domain Code stipulates that all Beninese citizens can access land without discrimination based on sex. Decrees have been created for the establishment of Land Management Commissions.
Impact & Urgency: While the law guarantees non-discrimination, customary practices often prevent women from owning land. The urgency lies in bridging the gap between statutory law and traditional norms to ensure women can fully exercise their land rights for economic empowerment and food security.
Political Participation of Women
A modification to the ELECTORAL CODE LAW 2019-43 reserves twenty-four seats exclusively for women in the National Assembly to break the "glass ceiling."
Impact & Urgency: This law is a critical step towards increasing women’s representation and influence in decision-making. The urgency is in building the capacity of these women and ensuring the quota system is effectively implemented in all future elections.
Laws on FGM
The LAW PRINCIPALE 2003-03 represses the practice of female genital mutilation. Despite the existence of these laws, they remain partially applied, and the number of cases brought to justice is low.
Impact & Urgency: While the legal framework is in place, weak enforcement and social norms mean the practice persists. Urgent action is needed to strengthen law enforcement and conduct continuous, large-scale public awareness campaigns to change mindsets and protect girls.
Harmonization of National Legislation with International Instruments
The country has ratified several international conventions, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These treaties are automatically incorporated into the national legal system.
Impact & Urgency: The ratification of international treaties shows political will, but the real impact comes from their full domestication and enforcement. The urgency is in closing the gap between international commitments and local reality, ensuring these legal protections are effective at the community level.
Institutional Mechanisms
The Beninese state works with various stakeholders, including officials from the Ministry of Social Affairs, local elected officials, parliamentarians, and traditional and religious leaders, to implement the laws.
Impact & Urgency: These mechanisms are crucial for a multi-faceted approach. The urgency lies in strengthening these collaborations and providing the necessary resources to make them more effective in protecting women and girls on the ground.
Case of Burkina Faso
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Gender-Based Violence (GBV)
The LAW n° 061-2015/CNT of September 6, 2015, was adopted for the prevention, repression, and redress of violence against women and girls. A toll-free hotline (80 00 12 87) has been established for survivors to report physical, sexual, and cultural violence.
Impact & Urgency: This law, complemented by a hotline, provides a strong legal and practical framework for survivors. The urgency is in ensuring these services are well-funded, easily accessible, and trusted by communities to encourage reporting and effective protection.
Sexual and Reproductive Health and Rights (SRHR)
The LAW N°049-2005/AN on reproductive health states that individuals have the right to freely and knowingly decide on matters related to reproductive health. An amended penal code allows for abortion in specific cases, such as rape or incest.
Impact & Urgency: The progressive legal framework for SRHR is a significant achievement. The urgency now is to overcome social taboos and ensure that comprehensive sex education and contraceptive methods are available to young people to prevent unwanted pregnancies.
Sexual Harassment
The LAW n°10/2016 of September 5, 2016, addresses harassment in the workplace. Article 533-9 of the Penal Code defines and condemns sexual harassment. The country also provides psychosocial, health, and legal support for GBV survivors.
Impact & Urgency: These laws provide a legal basis for prosecution and survivor support. The urgency is to ensure these legal tools are effectively used, particularly in professional and academic settings, and that survivors feel safe and empowered to report offenses.
Laws Protecting Women with Disabilities
The LAW n° 012-2010/AN of April 1, 2010, concerns the protection and promotion of the rights of persons with disabilities. The country has also adopted decrees for the vocational training and employment of people with disabilities.
Impact & Urgency: This law is a good foundation, but its effectiveness depends on the widespread implementation of inclusive education and employment policies. The urgency is in removing societal barriers and prejudices that prevent women with disabilities from full participation in public life.
Land Rights for Women
The LAW n°034-2009/AN on the Rural Land Regime promotes gender equality, but women still face challenges in becoming landowners due to customary practices. Initiatives are underway to encourage the transfer of land to women.
Impact & Urgency: This law provides a legal right, but its application is hindered by traditional norms. The urgency is to strengthen women's legal literacy and engage traditional leaders to enforce the law and ensure women can access and own land, boosting economic independence.
Political Participation of Women
The LAW n°010-2009/AN of April 16, 2009, set a quota of at least 30% of women on candidate lists. This measure has considerably increased women's political representation.
Impact & Urgency: This law has been instrumental in increasing women's presence in politics. The ongoing challenge is to support female leaders with training and resources to ensure they are not just present, but have a meaningful influence in decision-making processes.
Laws on FGM
The LAW n°043/96/adp modified the Penal Code to prohibit and punish the practice of FGM. The new revised Penal Code of 2018 has strengthened the penalties for the perpetrators of these acts.
Impact & Urgency: These laws provide a robust legal framework to combat FGM. The urgency lies in ensuring consistent enforcement and addressing the cultural and social drivers of the practice through sustained community engagement and education.
Harmonization of National Legislation with International Instruments
Burkina Faso has ratified several international conventions, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These treaties are automatically incorporated into the national legal system.
Impact & Urgency: The direct incorporation of international treaties into national law is a powerful tool. The urgency is to ensure that legal practitioners, judges, and civil society are well-versed in these instruments to effectively use them in litigation and advocacy.
Case of Capo Verde
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Gender-Based Violence (GBV)
Capo Verde has taken concrete measures, including the 2007 penal code reform to more severely criminalize sexual crimes and domestic violence. A national plan to combat violence was adopted for the period 2009-2011.
Impact & Urgency: The criminalization of sexual and domestic violence is a key legal safeguard. The urgency is in ensuring that law enforcement and the judiciary are properly trained to handle these sensitive cases, reducing impunity and encouraging survivors to seek justice.
Sexual and Reproductive Health and Rights (SRHR)
The Ministry of Health has refocused its efforts on youth. Centers for youth have opened and programs for cancer screening and monitoring pregnant women are in place. The country has also created the first milk bank in West Africa.
Impact & Urgency: These initiatives improve access to vital health services for women and youth. The urgency is in expanding these services to all regions, especially rural areas, to reduce maternal and infant mortality and ensure comprehensive reproductive care.
Sexual Harassment
The country has put in place programs to fight sexual abuse in the workplace. DECREE-LAW N10/2007 approves the national health system's health care fee schedule and makes certain essential services free or low-cost.
Impact & Urgency: While the country has addressed sexual abuse, the implementation of these protections in professional and public spaces is still a concern. The urgency is to create clear reporting channels and consequences for perpetrators to make these environments safer for women.
Laws Protecting Women with Disabilities
In the new governmental structure (DECREE-LAW N 37/2016), the Ministry of Family and Social Inclusion is responsible for promoting gender equality and protecting persons with disabilities.
Impact & Urgency: The creation of a dedicated ministry shows political commitment. The urgency is in developing and implementing comprehensive policies that go beyond legal recognition to provide tangible support, social inclusion, and equal opportunities for women with disabilities.
Land Rights for Women
Cape Verdean legislation guarantees women the same rights as men to access employment, land, and credit. Women also have the right to inheritance and to open a bank account without spousal authorization. A micro-credit law prioritizes women who want to develop micro-enterprises.
Impact & Urgency: These are strong legal protections that significantly empower women economically. The urgency lies in promoting legal literacy among women so they are aware of their rights and can use them to gain financial independence and security.
Political Participation of Women
The parity law of 2016 ensures a balanced representation of both sexes on electoral lists. Parties that exceed 25% of elected female members can receive additional subsidies.
Impact & Urgency: This law is a powerful incentive for political parties to promote women. The urgency is in training and supporting female candidates to run for office and encouraging civic education that values women's leadership.
Laws on FGM
No specific law is mentioned in the document, but the country's legislative and institutional frameworks related to GBV are intended to prevent such harmful practices.
Impact & Urgency: The lack of a specific law on FGM creates a legal void that can be exploited. The urgency is to adopt a dedicated law and conduct targeted campaigns to ensure the practice is fully criminalized and eradicated.
Harmonization of National Legislation with International Instruments
The country has taken many actions to integrate a gender approach following the Beijing Conference. It has ratified international instruments such as the Maputo Protocol and the International Covenant on Economic, Social and Cultural Rights.
Impact & Urgency: Ratification is a crucial first step. The urgency is in translating these international commitments into tangible national laws and policies, and ensuring there are mechanisms for accountability and enforcement.
Institutional Mechanisms
Mechanisms such as LAW N° 84/VII/11 on gender-based violence, the National Health Policy (2007), and the Labor Code (2008) have been implemented to guarantee women's rights.
Impact & Urgency: These institutional frameworks provide the infrastructure for protecting women. The urgency is in strengthening their capacity and ensuring they are adequately resourced to effectively implement these laws and policies.
Case of Côte d'Ivoire
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Gender-Based Violence (GBV)
The Penal Code of 2015 punishes sexual harassment and domestic violence. Sentences for rape have been increased, and a new law is being drafted to allow for restraining orders in cases of spousal violence. The LAW N° 98-757 of December 23, 1998 prohibits and punishes FGM.
Impact & Urgency: The legal framework is evolving and strengthening, but the document highlights that a significant gap still exists between law and practice. The urgency lies in ensuring that these laws are effectively enforced and that the high cost of medical certificates for survivors is addressed to facilitate access to justice.
Sexual and Reproductive Health and Rights (SRHR)
The country ratified the Maputo Protocol in 2011. However, the Ivorian Penal Code only recognizes medical abortion in two cases. The country has adopted laws on the use of contraceptive products and the prohibition of FGM.
Impact & Urgency: The limited recognition of abortion and the absence of a comprehensive SRH law create significant barriers. The urgency is in pushing for a new law on reproductive health that aligns with international standards and provides women with full control over their fertility.
Sexual Harassment
The LAW n° 98-756 of December 23, 1998, modifying the Penal Code, represses sexual harassment. The country also revised its penal code in 2019, increasing penalties for violence and harassment.
Impact & Urgency: The legal provisions are in place, but cultural norms and a lack of awareness can hinder their effectiveness. The urgency is in conducting robust public education campaigns and strengthening institutional accountability to ensure these laws are not just on the books, but actively enforced.
Laws Protecting Women with Disabilities
The Ivorian state adopted the LAW n° 98-594 on the orientation of persons with disabilities of November 10, 1998, and Article 6 of the Constitution of the 2nd Republic stipulates that the state ensures the protection of women with disabilities.
Impact & Urgency: These laws lay the groundwork for protecting this vulnerable group. However, the urgency lies in ensuring that these protections translate into practical measures, such as accessible public services and inclusive employment opportunities, to combat deep-seated social discrimination.
Land Rights for Women
The Civil Code of 2013 indicates that matrimonial property is managed jointly. Article 5 of the LAW N° 98-750 on the rural land domain states that there is no gender-based exclusion for land ownership.
Impact & Urgency: Legal reforms have advanced women's rights to property. The urgency now is to ensure these laws are known and applied, particularly in rural areas where customary practices often supersede statutory law, to reduce land conflicts and empower women economically.
Political Participation of Women
The LAW n°2019-870 of October 14, 2019, imposes a minimum 30% quota for women on electoral lists. Political parties that achieve 50% women candidates receive additional public funding.
Impact & Urgency: This law is a progressive step to address women's underrepresentation. The urgency is in providing training, mentorship, and financial support to female candidates to ensure they are not just on lists but are equipped to win and effectively serve in elected positions.
Laws on FGM
The LAW n° 98-757 of December 23, 1998, prohibits and punishes FGM. Article 5 of the 2016 revised Constitution specifically targets and prohibits FGM. The 1981 Penal Code also deals with violence against children.
Impact & Urgency: The existence of these laws is a strong signal, but the practice persists. The urgency is in strengthening enforcement and tackling the root causes through extensive community engagement, public education, and support for survivors.
Harmonization of National Legislation with International Instruments
The country has ratified the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child.
Impact & Urgency: Ratification is a testament to political commitment. The urgency is in the ongoing work to harmonize national laws with these international instruments and to ensure that all citizens, including judicial and police officials, are aware of their rights and obligations under these treaties.
Institutional Mechanisms
In 2021, the Council of Ministers adopted two decrees to create Technical Commissions for vocational guidance and reclassification to guarantee the right to employment for persons with disabilities.
Impact & Urgency: These institutional mechanisms are a direct response to the need for greater social inclusion. The urgency is to ensure these commissions are adequately resourced and have a clear mandate to create tangible, positive changes in the lives of persons with disabilities.
Case of The Gambia
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Gender-Based Violence (GBV)
The Gambia has a remarkable democratic transition marked by the prohibition of FGM and child marriage in 2015. A specialized unit was created in the Ministry of Justice, and a Domestic Violence Bill was introduced in 2020. However, the implementation of laws faces structural difficulties.
Impact & Urgency: The prohibition of FGM and child marriage is a major victory, but the document highlights a gap in implementation. The urgency is to overcome these structural difficulties, strengthen institutional capacity, and ensure laws are applied consistently across the country, especially in cases where the practice is performed abroad.
Sexual and Reproductive Health and Rights (SRHR)
The authorities have focused on adolescent health. Abortion is allowed only if the mother's health or life is in danger. The Children's LAW of 2005 prohibits marriage and engagement for anyone under 18 years of age.
Impact & Urgency: The SRHR legal framework is a mixed bag, with a progressive stance on child marriage but restrictive abortion laws. The urgency is to expand access to SRH services and family planning for adolescents and to review and reform restrictive laws that endanger women's lives.
Sexual Harassment
The country has established special tribunals to handle gender-based violence and a transitional justice process for survivors. The Women's LAW of 2010 calls on political parties to enact measures for gender equality.
Impact & Urgency: The creation of specialized courts is a significant step towards justice. The urgency is in ensuring these courts are adequately resourced and that cultural biases do not prevent cases from being reported and prosecuted. The focus must be on survivor support and a timely judicial process.
Laws Protecting Women with Disabilities
The Disability Bill of 2020 has been passed in July 2021. The Convention on the Rights of Persons with Disabilities was ratified in 2015, but women with disabilities continue to face discrimination.
Impact & Urgency: The passage of the Disability Bill is a crucial step towards legal protection. The urgency is in ensuring these laws are harmonized with international conventions and that practical measures are taken to combat discrimination and ensure their full inclusion in society.
Land Rights for Women
Less than one-fifth of women own land, even though they make up 75% of the agricultural workforce. The Customary Land LAW and Land Commission LAW recognize land rights for widows and require local land committees to be composed of at least 30% women to ensure their participation in decision-making.
Impact & Urgency: These new laws are a major advance for women's economic security. The urgency is to promote legal literacy and ensure the new rules for land committees are strictly enforced to empower women and combat the legacy of patriarchal customary laws.
Political Participation of Women
Women's political participation remains low. The Women's LAW of 2010 calls on political parties, the government, and the private sector to enact measures to ensure gender equality.
Impact & Urgency: The law provides a mandate for action, but without specific quotas, its impact is limited. The urgency is to adopt more concrete legal measures that ensure women's representation in all spheres of political life, thereby strengthening democratic governance.
Laws on FGM
The Women's LAW of 2015 was amended to prohibit FGM, with penalties of up to 3 years in prison and/or a fine, or even life imprisonment if the FGM results in death. However, the enforcement of these laws is challenged by structural difficulties.
Impact & Urgency: The law on FGM is strong, but its enforcement is inconsistent. The urgency is to overcome structural difficulties and address the problem of extraterritoriality when the practice is carried out outside the country. A focus on community engagement is also crucial for long-term change.
Harmonization of National Legislation with International Instruments
The Gambia has ratified several international and regional treaties, including the African Charter on Human and Peoples' Rights and the CEDAW.
Impact & Urgency: Ratification demonstrates commitment to international norms. The urgency is to ensure that national laws fully reflect these treaties and that local communities are educated about the rights they guarantee, particularly in relation to customs that contradict modern law.
Case of Ghana
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Gender-Based Violence (GBV)
In Ghana, very few cases of sexual violence are reported. Sexual assaults, including rape and harassment, are considered serious offenses under the Criminal Offences LAW of 1960. The Domestic Violence LAW of 2007 provides for protection orders and penalties for family violence.
Impact & Urgency: While the laws are robust, social stigma and a lack of trust in the justice system discourage survivors from reporting. The urgency is in creating an environment where women feel safe to speak out and in ensuring that law enforcement takes all reports seriously, with severe penalties for offenders.
Sexual and Reproductive Health and Rights (SRHR)
Ghana has a complex and often contradictory legal framework. The Ghana AIDS Commission LAW provides a legal framework for the provision of HIV-related services. The Ghana Health Service has a national reproductive health policy that allows access to family planning services.
Impact & Urgency: The lack of a clear, consistent legal framework for SRHR creates confusion and limits access, especially for adolescents. The urgency is to harmonize these laws and policies and to ensure comprehensive sex education and modern contraceptives are widely available and promoted.
Sexual Harassment
Sexual assaults are considered serious offenses, punishable by imprisonment for up to 25 years. The country has an anti-sexual harassment policy in universities such as KNUST.
Impact & Urgency: The law provides a strong deterrent with severe penalties. The urgency is in promoting awareness of these laws, particularly in institutions like universities and workplaces, and ensuring that policies are in place for quick and effective resolution of complaints.
Laws Protecting Women with Disabilities
The Persons with Disabilities LAW of 2006 ensures the protection and inclusion of women and girls with disabilities. The country has also implemented measures for physical accessibility and the integration of people with disabilities into society.
Impact & Urgency: This law is a good step towards legal protection. The urgency is in ensuring its provisions are fully implemented to remove physical, social, and economic barriers that prevent women with disabilities from enjoying equal rights and opportunities.
Land Rights for Women
The land tenure system is based on customary and statutory laws. The Constitution of 1992 guarantees equal rights to property, but in practice, women have only secondary access to land through male relatives. A new Land LAW of 2020 aims to consolidate existing laws and improve land management.
Impact & Urgency: The new Land LAW has the potential to secure women's land rights. The urgency is in ensuring this law is effectively implemented and communicated at the local level to dismantle customary practices that deny women ownership, thereby boosting their economic independence.
Political Participation of Women
A bill on affirmative action is still pending, but other measures have been taken to support women's participation. The Gender Equality and Opportunity LAW of 2016 is also a key policy for promoting gender equality.
Impact & Urgency: The lack of a strong affirmative action law means progress is slow. The urgency is to pass and implement legislation with quotas or specific targets to ensure women are represented in all levels of government and public life, fostering more inclusive governance.
Laws on FGM
Legislation was put in place to address the shortcomings of the 1960 Penal Code. The Domestic Violence LAW of 2007 covers harmful traditional practices such as FGM. However, the full implementation of existing laws remains a challenge.
Impact & Urgency: While the law provides a basis for prosecution, inconsistent enforcement allows the practice to continue. The urgency is to strengthen judicial and police training, and to address the cultural normalization of FGM through targeted and sustained community engagement programs.
Harmonization of National Legislation with International Instruments
Ghana has ratified the African Charter on Human and Peoples' Rights and the CEDAW. Article 17(3) of the 1992 Constitution prohibits discrimination based on sex.
Impact & Urgency: The constitutional prohibition of discrimination is a strong legal foundation. The urgency is to ensure that all national legislation, including customary laws, is fully aligned with these constitutional principles and international treaties, and that legal challenges to discriminatory practices are supported.
Case of Guinea
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Gender-Based Violence (GBV)
The Penal Code of 2016 criminalizes discrimination, including the intentional transmission of HIV. The country has also implemented a strategic plan for maternal and child health (SRMNIA) and ratified several international and regional instruments.
Impact & Urgency: Criminalizing discrimination and intentional harm is vital. The urgency is in strengthening the judicial system to effectively prosecute these crimes and ensure that survivors, especially those living with HIV, are protected from stigma and violence.
Sexual and Reproductive Health and Rights (SRHR)
The LAW L/2000/010/AN on reproductive health guarantees the right to reproductive health for all. Voluntary termination of pregnancy is authorized in specific cases. Youth-friendly health facilities have been established.
Impact & Urgency: The law establishes a foundation for reproductive rights, but limited access to services and a conservative social environment remain challenges. The urgency is in scaling up youth-friendly services and providing comprehensive sex education to empower young people to make informed decisions about their health.
Sexual Harassment
The LAW no L/2016/059/AN of October 26, 2016, on the Penal Code defines and criminalizes discrimination, including in employment. The country has no law to suppress sexual activities between same-sex individuals, which are considered contrary to the social and moral order of the country.
Impact & Urgency: While the penal code addresses discrimination in employment, the absence of a specific law on same-sex relations reflects a legal gap rooted in social conservatism. The urgency is in promoting human rights and non-discrimination to ensure all individuals are protected, regardless of sexual orientation.
Laws Protecting Women with Disabilities
The LAW n° 004/AN/98 of March 26, 1998, establishes the legal framework for persons with disabilities. The country has ratified the Convention on the Rights of Persons with Disabilities and has a National Policy on Disabilities.
Impact & Urgency: The legal and policy frameworks are in place, but enforcement remains a challenge. The urgency is in ensuring that the rights of women with disabilities are protected in practice, particularly their access to education, employment, and healthcare, to overcome social marginalization.
Land Rights for Women
The Land and Domain Code of 1992 suffers from imprecision. The patriarchal system is a major obstacle for women's access to land through inheritance; only the right of use is often recognized for subsistence purposes.
Impact & Urgency: The imprecision of the law and the dominance of patriarchal customs create significant legal and economic insecurity for women. The urgency is to reform the Land Code to clearly and explicitly grant women the right to inherit and own land, backed by strong enforcement mechanisms.
Political Participation of Women
The LAW no L/2017/039/AN of February 24, 2017, imposed a 30% quota for women on electoral lists, but this provision was ruled unconstitutional. Guinea has established gender units in ministries to strengthen women's participation.
Impact & Urgency: The rejection of the quota law was a major setback. The urgency is in developing new, constitutionally sound legislative measures to ensure women's representation and in providing training and support to female leaders to help them overcome social and political barriers.
Laws on FGM
The country has a law that criminalizes the practice of excision. Women's empowerment centers have been created to provide training on gender-based violence, including FGM.
Impact & Urgency: While the criminalization of FGM is a positive step, the practice persists. The urgency is in strengthening law enforcement, especially in rural areas, and empowering communities through education to abandon the practice voluntarily.
Harmonization of National Legislation with International Instruments
The Labor Code of January 10, 2014, enshrines the principle of non-discrimination in the sphere of employment and work. The country has ratified several international conventions related to gender equality.
Impact & Urgency: Ratification is a good start, but the challenge lies in domesticating and enforcing these laws. The urgency is in educating employers and employees about their rights and obligations to ensure a fair and non-discriminatory work environment for women.
Case of Guinea-Bissau
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Gender-Based Violence (GBV)
The state has made efforts to combat GBV, including the approval in 2011 of a law against FGM. Awareness campaigns have been conducted to fight cultural stereotypes.
Impact & Urgency: While there are efforts to combat GBV, the document indicates that cultural stereotypes still persist. The urgency is to ensure that legal frameworks are complemented by sustained, community-led initiatives to challenge and change these norms.
Sexual and Reproductive Health and Rights (SRHR)
The LAW n° 5/2007 on the prevention, treatment, and control of HIV/AIDS ensures free treatment. The country has improved access to reproductive health services for women and young girls.
Impact & Urgency: The free access to HIV treatment is a significant health benefit. The urgency is in expanding these services and strengthening the capacity of healthcare providers to offer comprehensive and non-discriminatory SRHR services, particularly for young girls and adolescents.
Sexual Harassment
Article 136 of the Penal Code, which deals with prostitution, has encouraged women involved in sex work to visit health centers and form associations for better protection of their rights.
Impact & Urgency: This article has had a positive, albeit indirect, impact by encouraging self-organization and access to health services. The urgency is in creating more direct legal protections against sexual harassment and exploitation to ensure the safety and dignity of all women, especially those in vulnerable situations.
Laws Protecting Women with Disabilities
The country has a national policy on disabilities and has ratified the Convention on the Rights of Persons with Disabilities. The Constitution also guarantees the right of all citizens to appeal to judicial bodies against acts that violate their rights, including discrimination based on disability.
Impact & Urgency: The constitutional and policy frameworks are a good starting point. The urgency is in developing specific, enforceable legislation and programs that address the unique challenges faced by women with disabilities, such as access to healthcare, education, and employment.
Land Rights for Women
Women who have control over the land they cultivate have a better chance of improving their livelihoods. The improvement of women's land tenure security is seen as a major step towards true gender equality.
Impact & Urgency: Securing land rights for women is a crucial step towards economic autonomy and improving their livelihoods. The urgency is to develop and implement clear legislation that protects women's right to own and inherit land, thereby reducing poverty and food insecurity.
Political Participation of Women
The country adopted a parity law, ensuring equal representation for women on electoral lists. Women must now make up 50% of the electoral lists to strengthen their political participation. This principle of quotas aims to increase the direct and active participation of women and youth in political life.
Impact & Urgency: The parity law is a powerful tool for ensuring women's representation in politics. The urgency is in supporting female candidates with resources and training to ensure their success in elections and their effective participation in legislative bodies.
Laws on FGM
A law was approved in 2011 that criminalizes the practice of excision. The law prohibits the practice of FGM and makes it a crime punishable by imprisonment for up to 5 years. The country has adopted a strategy based on human rights and the wide dissemination of information on the health aspects of FGM.
Impact & Urgency: The criminalization of FGM is a significant step. The urgency is in ensuring the law is widely known and enforced, especially in communities where the practice is deeply rooted, and in supporting the survivors of FGM with medical and psychological care.
Harmonization of National Legislation with International Instruments
Guinea-Bissau ratified the CEDAW Convention in 1985 without reservations. The Constitution itself does not address sex-based discrimination but the country has been making efforts to align its legislation with international instruments.
Impact & Urgency: The ratification of CEDAW without reservations is a strong commitment. The urgency is to ensure that national laws are fully aligned with this and other international treaties to provide a robust legal framework that protects women's rights.
Case of Liberia
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Gender-Based Violence (GBV)
The 2005 LAW on Rape and a domestic violence law adopted in 2017 are key measures. A special criminal court was created to handle rape cases. However, impunity and fear of reprisal prevent many survivors from reporting violence.
Impact & Urgency: While legal reforms have been made, the low reporting rate and persistent impunity for human rights violations highlight a major implementation gap. The urgency is in building trust in the justice system, protecting survivors from retaliation, and enforcing the laws consistently across the country.
Sexual and Reproductive Health and Rights (SRHR)
The HIV LAW requires health establishments to consider sex and gender differences when providing HIV education. However, poorly performed abortions are a significant cause of maternal mortality, as the law dates back to 1861 and prohibits it except to save the mother's life.
Impact & Urgency: The restrictive abortion law is a major public health crisis. The urgency is to pass the new "safe motherhood" law, which is intended to modernize the legal framework and reduce the high rates of maternal death caused by unsafe abortions. Public health strategies must also ensure full access to SRHR information and services.
Sexual Harassment
The LAW on Rape criminalizes early and forced marriages. A constitutional review conference unanimously adopted the legal marriage age at 18. A bill on domestic violence is also currently before the National Assembly.
Impact & Urgency: Legal reforms are in progress, but the slow pace of legislative adoption is a concern. The urgency is to pass the pending domestic violence bill and ensure that the new legal marriage age is enforced, thereby protecting minors from forced marriages and sexual exploitation.
Laws Protecting Women with Disabilities
The LAW on the National Commission for Persons with Disabilities and the LAW 8 on the ratification of the UN Convention on the Rights of Persons with Disabilities are key legal protections. The government has also adopted a decent work law.
Impact & Urgency: These laws provide a legal framework for the protection and inclusion of people with disabilities. The urgency is to ensure that these laws are effectively implemented and that public awareness campaigns are conducted to combat the stigma and discrimination faced by women and girls with disabilities.
Land Rights for Women
A land reform was implemented with the participation of women. The LAW on Inheritance was adopted, and the government has created a Land Commission. However, traditional laws and chiefs still have significant power, which can undermine women's rights.
Impact & Urgency: Legal reforms have begun to recognize women's land rights, but traditional laws often prevail. The urgency is to fully implement the new laws and empower women to challenge discriminatory customary practices, ensuring they have legal recourse and support to claim their inheritance and property rights.
Political Participation of Women
The government is committed to ensuring full and equal participation of women in governance and national affairs. Six out of 23 ministers are women, and Liberia has twice elected a female president.
Impact & Urgency: Liberia has made significant strides in female political representation. The urgency is in institutionalizing these gains through robust constitutional and legal reforms to ensure that women's participation is not dependent on political will but is a permanent feature of the democratic process.
Laws on FGM
A presidential decree in 2018 banned FGM for one year, but this was not renewed. The Children's LAW of 2011 prohibits FGM, but the practice persists, with a three-year moratorium on FGM announced in 2022.
Impact & Urgency: The lack of a strong, permanent law criminalizing FGM is a major legislative gap. The urgency is to pass a comprehensive law to protect women and girls from this harmful practice and to strengthen advocacy to challenge traditional practices and promote human rights.
Harmonization of National Legislation with International Instruments
The Constitution of 1996 is limited in its commitment to protecting women's rights and does not explicitly address FGM or other forms of violence. The country has ratified the CEDAW and is making efforts to harmonize its laws.
Impact & Urgency: The legal framework is still catching up to international standards. The urgency is to revise the constitution and other national laws to fully domesticate international treaties and provide clear, enforceable protections against all forms of gender-based violence.
Case of Mali
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Gender-Based Violence (GBV)
Gender-based violence is of national concern. The LAW n°01-079 of August 20, 2001 on the Penal Code represses GBV. However, proposed laws to address GBV have faced public controversy and resistance from religious groups.
Impact & Urgency: The legal framework to address GBV is hindered by social and religious resistance. The urgency is to engage in a national dialogue with religious and traditional leaders to build a consensus on the importance of human rights and to pass a comprehensive law to protect women and girls from violence.
Sexual and Reproductive Health and Rights (SRHR)
The LAW n°02-044 of June 24, 2002, relates to reproductive health. However, there are contradictions between the penal code and the national policy on abortion, and the 2006 LAW on HIV/AIDS requires parental consent for minors to be tested, which limits access to health services.
Impact & Urgency: The legal and policy inconsistencies and the barriers to adolescent access to health services are major challenges. The urgency is to reform these laws to provide a clear and consistent legal framework for SRHR and to ensure that adolescents have confidential and easy access to health services and information without parental consent.
Sexual Harassment
The LAW n° 01-079 of August 20, 2001, on the Penal Code, protects the sexual integrity of girls and women. It represses sexual acts on a person under 15 years old, even with their consent. However, the penalties are often not applied in practice.
Impact & Urgency: While the law provides for strong protections for minors, the lack of enforcement undermines its effectiveness. The urgency is to ensure that legal sanctions are applied and that the justice system is strengthened to prosecute perpetrators, thereby creating a real deterrent against sexual exploitation.
Laws Protecting Women with Disabilities
The LAW n° 2018-027 of June 12, 2018, relates to the rights of persons living with a disability. The government has implemented policies and programs to support women with disabilities, such as financing income-generating activities and providing technical aids.
Impact & Urgency: These laws and policies are a positive step towards inclusion. The urgency is to ensure that these programs are widely accessible and that the social and economic barriers faced by women with disabilities are addressed to allow them to fully participate in society.
Land Rights for Women
The LAW n°2017- 001 of April 11, 2017, on agricultural land, has organized the protection of women's land rights. However, customary law often denies women the right to own the land they cultivate, creating insecurity and conflict.
Impact & Urgency: The new law on agricultural land is a step forward, but the conflict between statutory and customary law creates significant challenges. The urgency is to enforce the new law and educate women about their rights to reduce conflicts and empower them economically.
Political Participation of Women
The LAW n° 2015-052 of December 18, 2015, instituted a quota of at least 30% for women in nominated and elected positions. This has increased the number of female parliamentarians from 9% in 2009 to 27% in 2016.
Impact & Urgency: This law has been highly effective in increasing women's political representation. The urgency is to sustain this progress by providing continuous training and support to female leaders to ensure they can effectively influence public policy and decision-making.
Laws on FGM
There is currently no national legislation that specifically criminalizes FGM in Mali. Several draft laws have been proposed but have not been adopted due to opposition from religious leaders.
Impact & Urgency: The lack of a specific law creates a significant gap in the protection of women and girls from this harmful practice. The urgency is to pass a dedicated law and engage in dialogue with community and religious leaders to build consensus and protect women's and girls' rights.
Harmonization of National Legislation with International Instruments
Mali has ratified several international instruments, including the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. The country's gender policy is based on seven guiding principles, including the recognition of the state's role in building an egalitarian society.
Impact & Urgency: The country's commitment to international and national principles is a strong foundation. The urgency is to ensure that these principles are fully integrated into national law and policy and that there are effective mechanisms for monitoring and evaluation.
Case of Niger
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Gender-Based Violence (GBV)
The country's Constitution enshrines the principle of equality and prohibits discrimination. The Penal Code punishes certain forms of violence, including FGM and rape. However, the Civil Code stipulates that men are the heads of households and subordinate women's rights to marry and conduct business to their husband's authorization.
Impact & Urgency: The contradiction between the Penal Code and the Civil Code creates a legal gray area that undermines women's rights. The urgency is to reform the Civil Code to align with the Constitution and international commitments, thereby granting women full autonomy and equal rights within the family and in economic life.
Sexual and Reproductive Health and Rights (SRHR)
The country has ratified the Beijing Platform for Action and the CEDAW. There are also laws modifying the Penal Code to repress offenses based on sex, including rape and sexual harassment. The country has also implemented a policy of free healthcare for children under five and pregnant women.
Impact & Urgency: The free healthcare policy is a significant step towards improving maternal and child health. The urgency is in ensuring that these services are accessible to all, especially in remote areas, and that adolescents receive comprehensive sexual education to prevent unwanted pregnancies and STIs.
Sexual Harassment
The LAW N°2003-25 of June 13, 2003, modified the Penal Code to criminalize sexual harassment and other forms of violence against women. The law also defines sexual harassment and provides for sanctions.
Impact & Urgency: The law is a key tool in combating sexual harassment. However, cultural norms that encourage submission and discourage reporting are major barriers. The urgency is in creating public awareness campaigns and establishing confidential reporting mechanisms to empower women to seek justice without fear of social repercussions.
Laws Protecting Women with Disabilities
The LAW called Ordinance 93-012 determines minimum social protection rules for persons with disabilities. The country has a national policy on disabilities, but many women still face difficulties in accessing healthcare and social services.
Impact & Urgency: While the legal framework exists, the implementation is often inadequate, leaving women with disabilities marginalized. The urgency is in ensuring that policies and services are inclusive, accessible, and specifically address the unique needs of women and girls with disabilities to promote their full social and economic inclusion.
Land Rights for Women
The document does not provide specific details on land rights laws in Niger. However, it mentions the Civil Code's provisions regarding the husband as the head of household and his authorization for women to engage in certain activities.
Impact & Urgency: The absence of specific land rights laws for women, coupled with a patriarchal Civil Code, creates significant obstacles to women's economic empowerment. The urgency is to reform the Civil Code and enact specific laws that guarantee women's right to own and inherit land, thereby reducing their economic vulnerability.
Political Participation of Women
The LAW n° 2000-008 instituted a quota system for women in elected positions, which was later raised from 10% to 15%. However, the 25% target for high-level appointments is not always respected. The country also has measures to support girls' education.
Impact & Urgency: The quota system has had a positive but limited impact. The urgency is in enforcing the quotas for high-level appointments and addressing the social and cultural barriers that still discourage women from pursuing political careers. Investing in girls' education is a key long-term strategy for increasing political participation.
Laws on FGM
The LAW N° 2003-25 of June 13, 2003, criminalizes FGM. The law defines FGM and provides for imprisonment and fines for perpetrators. The country has also adopted a solemn declaration of African Heads of State on gender equality.
Impact & Urgency: The criminalization of FGM is a crucial legal protection. However, the practice persists, particularly in rural areas. The urgency is to strengthen judicial and police training to ensure effective prosecution and to conduct continuous public awareness campaigns to challenge social norms and protect women and girls.
Harmonization of National Legislation with International Instruments
Niger has ratified several international instruments, including the CEDAW, but has reservations on some articles. The country's national policy on gender is based on a number of key principles, including the recognition of the state's role in building an egalitarian society.
Impact & Urgency: The reservations on CEDAW articles limit the full legal protection of women. The urgency is to remove these reservations and to ensure that national laws are fully aligned with international human rights standards, thereby strengthening the legal framework for gender equality.
Case of Nigeria
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Gender-Based Violence (GBV)
The Violence Against Persons Prohibition LAW (VAPP) of 2015 protects women from gender-based violence and provides victims with comprehensive assistance. However, this law has only been adopted by a minority of states, leaving many Nigerian women unprotected.
Impact & Urgency: The limited adoption of the VAPP LAW is a major gap. The urgency is to advocate for its full implementation across all states and to address discriminatory laws, such as Article 55 of the Penal Code which allows a husband to beat his wife under certain conditions.
Sexual and Reproductive Health and Rights (SRHR)
The Child Rights LAW of 2003 defines children as persons under 18 and prohibits child marriage. However, some northern states do not adhere to this law, leading to contradictions and continued child marriage.
Impact & Urgency: The lack of a uniform legal framework on child marriage and access to SRHR services creates confusion and endangers women and girls. The urgency is to ensure the nationwide domestication of the Child Rights LAW and to provide clear, consistent guidelines for access to SRHR services for adolescents.
Sexual Harassment
Sexual harassment is a widespread issue, but legal recourse is difficult due to social stigma. Some laws are also discriminatory, such as Article 353 of the Penal Code which imposes a heavier penalty on women than on men for the same offense.
Impact & Urgency: The existence of discriminatory laws and the prevalence of social stigma create a hostile environment for survivors. The urgency is to reform these discriminatory laws, promote legal literacy among women, and establish confidential and effective reporting mechanisms in workplaces and educational institutions.
Laws Protecting Women with Disabilities
The document does not provide specific details on laws protecting women with disabilities. However, the National Policy on Gender of 2006 aims to address problems affecting women and ensure the integration of gender issues in all policies and programs.
Impact & Urgency: The absence of specific laws or policies for women with disabilities leaves them particularly vulnerable. The urgency is to develop and implement targeted legislation and programs that protect their rights and ensure their full participation in society.
Land Rights for Women
After independence, the state took possession of all lands, but customary laws and Islamic laws in the north still complicate land ownership. The Land Use Act of 1978 gives the state control over land, but customary laws still dominate in many areas, leaving women with insecure land rights.
Impact & Urgency: The pluralistic legal system creates significant challenges for women seeking to own or inherit land. The urgency is to harmonize the various legal regimes to provide a clear and enforceable framework that guarantees women's land rights across the country, thereby promoting economic empowerment and food security.
Political Participation of Women
The National Policy on Gender includes a quota system of 35% for appointed and elected positions. Some political parties have also exempted women from paying for nomination forms. The country has seen an increase in female representation in the judiciary and ministerial positions.
Impact & Urgency: The quota system and other measures have had a positive impact, but women still face significant financial and social barriers to political participation. The urgency is to enforce the 35% quota in all states and to address the underlying cultural and economic challenges that hinder women's political careers.
Laws on FGM
The VAPP LAW of 2015 prohibits FGM and other harmful traditional practices. However, this law is not yet adopted by all states, and the country's pluralistic legal system complicates its implementation.
Impact & Urgency: The VAPP LAW is a crucial tool for combating FGM, but its limited adoption and the influence of traditional and religious norms create a significant gap. The urgency is to advocate for its full implementation and to strengthen community engagement to change mindsets and protect women and girls.
Harmonization of National Legislation with International Instruments
Nigeria has ratified the CEDAW, but it has not been fully domesticated into national law. A 2007 attempt to pass a bill based on the convention failed due to opposition from parliamentarians.
Impact & Urgency: The failure to domesticate CEDAW limits its legal force. The urgency is to overcome political and social opposition to pass a corresponding national law and to harmonize the pluralistic legal system to provide a consistent and robust framework for protecting women's rights.
Case of Senegal
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Gender-Based Violence (GBV)
The National Assembly unanimously passed a law criminalizing rape and pedophilia in 2019. The LAW n° 99-05 of January 29, 1999, revised the Penal Code to more severely repress violence against vulnerable persons, such as pregnant women, women with disabilities, and children.
Impact & Urgency: The criminalization of rape is a major victory for women's rights. The urgency now is to ensure this law is fully enforced and that the justice system has the resources to handle these cases effectively, thereby reducing impunity and providing justice to survivors.
Sexual and Reproductive Health and Rights (SRHR)
The LAW n° 2005-18 of August 5, 2005, relates to reproductive health. The LAW n°99-05 and LAW n° 2015-15 protect the rights of pregnant and breastfeeding women in the workplace, guaranteeing them maternity protection.
Impact & Urgency: These laws provide a solid legal framework for SRHR and maternity protection. The urgency is to ensure these rights are fully respected in practice, especially in the private sector, and to raise awareness among women about their rights to maternity leave and a safe work environment.
Sexual Harassment
The LAW n° 2020-05 of January 10, 2020, modified the Penal Code to criminalize rape and pedophilia and also strengthened the penalties for sexual harassment. The law sets a minimum penalty for these offenses, even if the judge takes into account mitigating circumstances.
Impact & Urgency: This law is a powerful legal tool that provides a strong deterrent against sexual harassment. The urgency is in ensuring that legal professionals and the public are fully aware of these new provisions and that they are consistently applied to protect women in all spheres of life.
Laws Protecting Women with Disabilities
The LAW n° 2009-30 of December 2, 2009, authorized the ratification of the International Convention on the Rights of Persons with Disabilities. The LAW n°99-05 also represses acts of violence against vulnerable persons, including women with disabilities.
Impact & Urgency: The ratification of international conventions provides a strong legal basis for protecting women with disabilities. The urgency is to ensure that national laws are fully harmonized with these conventions and that practical measures are taken to provide them with equal access to education, healthcare, and employment.
Land Rights for Women
The Constitution guarantees equal access to land for all. The Family Code of 1972 also stipulates that both men and women have equal access to land. The National Gender Equality Strategy focuses on promoting women's economic empowerment in rural areas.
Impact & Urgency: While the laws guarantee equality, customary practices may still pose a challenge. The urgency is to raise awareness of these laws and to ensure their enforcement at the local level, providing women with the legal knowledge and support to claim their land rights and achieve economic independence.
Political Participation of Women
The LAW n° 2010-11 of May 28, 2010, instituted absolute parity between men and women in elected and partially elected positions. This law has doubled the proportion of elected women. The country has also appointed a woman as head of government and justice minister.
Impact & Urgency: The parity law has been a major success, making Senegal a leader in the region. The urgency is to build on this momentum by addressing the socio-cultural barriers that still prevent women from fully engaging in politics, such as the low rate of higher education for women.
Laws on FGM
Article 29 bis of the revised Penal Code criminalizes and provides for criminal sanctions in cases of FGM. The Constitution also expressly prohibits violence against women and girls, as well as all harmful practices like FGM.
Impact & Urgency: The strong legal framework and constitutional provisions are powerful tools against FGM. The urgency is in ensuring these laws are enforced, and that community-based programs are supported to challenge the cultural and social drivers of FGM and promote a future free from this practice.
Harmonization of National Legislation with International Instruments
Senegal has ratified all texts relating to gender equality. The Constitution of 2001 reaffirms the principle of gender equality and prohibits discrimination. The country also has an observatory for women's rights.
Impact & Urgency: The country's strong commitment to international and national legal frameworks provides a solid foundation. The urgency is to ensure that these legal principles are applied uniformly across all sectors and that the Observatory for Women's Rights is empowered to monitor and advocate for full implementation.
Case of Sierra Leone
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Gender-Based Violence (GBV)
The country has a free GBV hotline (116) and a legal framework that includes the LAW n° 6 of 1991 on the Constitution. Penalties for perpetrators of sexual offenses have been increased from 5-15 years to 15 years to life imprisonment in the most serious cases. However, previous laws were considered insufficient.
Impact & Urgency: The new, more severe penalties for sexual offenses are a powerful deterrent. The urgency is to ensure that the justice system, police, and communities are fully aware of these changes and that survivors have access to comprehensive support services, including legal aid and psychological counseling.
Sexual and Reproductive Health and Rights (SRHR)
The current law on abortion dates back to 1861 and prohibits it except to save the mother's life. However, the government has approved a new "safe motherhood" law, which is now before Parliament. The country also has a national strategy for reducing adolescent pregnancy.
Impact & Urgency: The restrictive abortion law is a major public health crisis, leading to unsafe abortions and high maternal mortality. The urgency is to pass the new "safe motherhood" law and ensure its implementation to provide women with safe reproductive health options and information.
Sexual Harassment
The Sexual Offences LAW of 2012 was amended to provide for up to 15 years in prison for people who use their position or power to sexually harass others. The country is also committed to strengthening its legislation on the rights of women and children.
Impact & Urgency: The amendment to the Sexual Offences LAW is a significant step towards legal protection. The urgency is in ensuring that this law is widely known and enforced, especially in educational institutions and workplaces, and that survivors feel empowered to report incidents without fear of retaliation.
Laws Protecting Women with Disabilities
The document does not provide specific details on laws protecting women with disabilities. However, it notes that the 1991 Constitution states that all persons are equal before the law, with the exception of customary law, and that a constitutional review commission has recommended that this article be abandoned.
Impact & Urgency: The lack of specific legal protections for women with disabilities, coupled with a constitutional exception for customary law, creates a legal gap. The urgency is to pass a comprehensive law to protect the rights of persons with disabilities and to ensure their full inclusion in society.
Land Rights for Women
The country has new laws on customary land and the land commission that recognize land rights for widows and require land committees to be composed of at least 30% women. This is a significant step in addressing historical gender-based land inequality.
Impact & Urgency: The new land laws are a major victory for women's economic security and autonomy. The urgency is to ensure that these laws are implemented effectively at the local level and that women are made aware of their rights and empowered to claim them.
Political Participation of Women
A new law imposes a 30% quota for women in public office. Women have historically been underrepresented in political life, with only 17 of 124 parliamentarians being women a few years ago. The new law aims to address these imbalances.
Impact & Urgency: The new quota law is a crucial step to increase women's representation in political life. The urgency is to ensure that this law is implemented effectively and that women are supported with training and resources to take on leadership roles.
Laws on FGM
There is currently no law in Sierra Leone that explicitly prohibits FGM. While the country ratified the Maputo Protocol, it has reservations on Article 5, which mandates the prohibition of FGM. The Women's LAW of 2015 addresses some aspects but does not fully criminalize the practice.
Impact & Urgency: The lack of a specific and enforceable law criminalizing FGM is a significant gap in the legal framework. The urgency is to pass a comprehensive law to protect women and girls from this harmful practice and to withdraw the reservations on the Maputo Protocol to demonstrate full commitment to human rights.
Harmonization of National Legislation with International Instruments
Sierra Leone has ratified several human rights treaties, including the African Charter on Human and Peoples' Rights and the CEDAW. However, the implementation of these treaties is inconsistent.
Impact & Urgency: The gap between legal commitments and implementation is a major challenge. The urgency is to strengthen national legal frameworks to fully domesticate these international instruments and to ensure that the justice system and civil society have the capacity to enforce them.
Case of Togo
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Gender-Based Violence (GBV)
The government has a national strategy to combat GBV. The Penal Code of 2015 punishes sexual harassment and domestic violence as separate offenses. The Code of Persons and the Family of 2012, as revised in 2014, also has provisions to protect women's rights.
Impact & Urgency: The comprehensive legal framework is a strong foundation for fighting GBV. The urgency is to ensure that these laws are effectively implemented and that public awareness campaigns reach all communities, especially in rural areas, to encourage reporting and provide support to survivors.
Sexual and Reproductive Health and Rights (SRHR)
The country has a LAW on Reproductive Health of 2007 and has implemented a campaign to reduce maternal and infant mortality. The cost of some health services has been reduced, and the government has created a ministry for the promotion of women and gender.
Impact & Urgency: These initiatives have improved access to health services and reduced mortality rates. The urgency is to ensure that these services are accessible to all women, especially adolescents, and to continue to invest in health infrastructure and human resources to strengthen the health system.
Sexual Harassment
The LAW N° 2022-020 protects students from sexual violence, and the Penal Code of 2015 represses sexual harassment with imprisonment and fines. The LAW N° 2021-012 on the Labor Code protects women from sexual harassment in the workplace.
Impact & Urgency: The legal framework to combat sexual harassment is strong and covers multiple settings. The urgency is in ensuring that these laws are widely known and that institutions, such as schools and workplaces, have clear policies and procedures for reporting and investigating complaints to protect survivors.
Laws Protecting Women with Disabilities
A new LAW on Social Protection for Persons with Disabilities prohibits discrimination and guarantees equal protection. The Constitution also provides the right to political participation for people with disabilities, including running for office.
Impact & Urgency: The legal protections for women with disabilities are in place, but their practical application needs strengthening. The urgency is to ensure that these rights are translated into concrete measures, such as accessible infrastructure and inclusive social programs, to promote their full participation in society.
Land Rights for Women
The LAND AND DOMAIN CODE of 2018 guarantees equal access to land for women and men. However, social customs still pose a challenge to this new law. The country has a land reform policy that aims to grant equitable access to land resources for all agricultural workers.
Impact & Urgency: The new land code is a significant step towards securing women's land rights. The urgency is in addressing social customs and raising public awareness about this law to ensure that women are able to fully exercise their land rights for economic independence and food security.
Political Participation of Women
The LAW n°2012-002, as amended, on gender parity on electoral lists, has led to a fluctuating but generally increasing number of women in parliament and in government. The country has also appointed a woman as head of the national assembly.
Impact & Urgency: The parity law has been instrumental in increasing women's political representation. The urgency is in sustaining this progress and providing training and resources to female leaders to ensure they can effectively influence public policy and decision-making.
Laws on FGM
The LAW N° 98-016 prohibits all forms of FGM and provides for sanctions. However, Article 6 of the law exempts parents or relatives of the perpetrators or accomplices, which is a major legal loophole.
Impact & Urgency: The law criminalizes FGM, but the exemption for family members and the persistence of the practice are major challenges. The urgency is to reform the law to close this loophole and to engage in continuous community-based campaigns to change mindsets and protect women and girls.
Harmonization of National Legislation with International Instruments
Togo has made efforts to align its national legislation with international texts. The Constitution, the Civil Code, and the Labor Code all have provisions to protect women's rights and promote gender equality.
Impact & Urgency: The country's legal and institutional frameworks are in line with international standards. The urgency is in ensuring that these laws are effectively enforced and that women are aware of their rights and have access to justice when their rights are violated.
Bridging the Gap: From Law to Reality
While the existence of legislative frameworks is a crucial first step, their true impact hinges on effective implementation. Across West Africa, a significant gap often remains between what the law states and what women and girls experience daily. Closing this gap requires a multi-faceted approach that engages all sectors of society.
Law Enforcement and Justice System
Law enforcement officers, judges, and legal practitioners are on the front lines of enforcing these laws. It is urgent that they are trained on gender justice and a human rights-based approach to:
Handle cases with sensitivity and without bias.
Avoid secondary traumatization of survivors.
Ensure fair and timely prosecution of offenders.
Community Engagement and Social Norms
For laws to be effective, they must be accepted and supported by the community. This requires intensive advocacy and engagement with:
Local authorities who can champion the new laws.
Religious and traditional leaders who can influence public opinion and social norms.
Men and boys as essential allies in promoting gender equality and challenging harmful stereotypes.
Empowering Professionals and Civil Society
The broad implementation of these laws depends on a wide range of actors. Training and awareness are needed for:
Journalists: To ensure accurate, non-stigmatizing reporting on gender-based violence and human rights issues.
Teachers and Lecturers: To integrate gender equality and human rights principles into education.
Health Workers: To provide compassionate and trauma-informed care for survivors of GBV and other harmful practices.
Artisans and Community Members: To understand and advocate for their rights, especially regarding land ownership and economic participation.
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