DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Eritrea
East Africa · Country law profile
Eritrea: women’s rights and civic space laws
Eritrea acceded to CEDAW in 1995 but has signed and not ratified the Maputo Protocol. FGM has been banned since Proclamation 158/2007, and the 2015 Civil Code sets 18 as the marriage age. Yet there is no comprehensive law on violence against women, and marital rape is not recognised. The 1997 Constitution was never implemented and no national elections have been held since independence. Civic space is rated closed, with no independent media or NGOs allowed to operate freely.
At a glance
| Capital | Asmara |
|---|---|
| Legal system | Civil law system based on the 2015 Civil and Penal Codes, with customary law applied in practice; the 1997 Constitution has never been implemented |
Key indicators
No elected parliamentWomen in National Assembly (2025)
18 for both sexesMinimum legal age of marriage (2015)
41% (13% before 15)Women aged 20 to 24 married before 18 (2010)
83%FGM prevalence (women 15 to 49) (2010)
69.4World 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
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | signed 25/04/2012; not ratified (AU list dated 19/09/2023) | |
| CEDAW | accession 05/09/1995 | |
| CEDAW Optional Protocol | Not a party | |
| African Charter on the Rights and Welfare of the Child | ratified 22/12/1999 / deposited 25/01/2000 | |
| ICCPR | accession 22/01/2002 | |
| Kampala Convention | signed 25/04/2012; not ratified (AU list dated 08/07/2024) | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed or ratified (AU list dated 02/02/2026) |
Constitution
| Constitution | Constitution of Eritrea, ratified in 1997 but never implemented |
|---|---|
| Equality guarantees | Article 14 guarantees equality under the law, and Article 22 gives women and men equal rights in marriage and the family. |
| Quotas or parity | Proclamation 86/1996 reserves 30% of seats in regional assemblies for women. |
National laws
Gender-based and domestic violence
No comprehensive law on violence against women
Violence against women is addressed only through general Penal Code offences.
Gaps: There is no domestic violence statute and no national action plan on violence against women and girls.
Source: data.unwomen.org
Rape and sexual offences
Penal Code of the State of Eritrea, 2015
Treats rape as a serious criminal offence.
Gaps: Marital rape is not recognised as an offence. The CEDAW Committee raised concern about sexual abuse and rape, including within mandatory military service.
Source: data.unwomen.org, ohchr.org
Sexual harassment
No specific sexual harassment law
No dedicated provisions on sexual harassment have been documented.
Gaps: UN Women lists the lack of harassment laws as a key legislative gap.
Source: data.unwomen.org
Female genital mutilation
Proclamation No. 158/2007, A Proclamation to Abolish Female Circumcision (in force 20 March 2007)
Abolishes all forms of FGM and punishes those who perform it with 2 to 3 years’ imprisonment and fines, rising to 5 to 10 years if death results. Requesting or inciting FGM is also an offence, as is failing to report it.
Gaps: The CEDAW Committee noted in 2020 that FGM continued despite the ban.
Source: fgmcri.org, ohchr.org
Child marriage and age of marriage
Civil Code of the State of Eritrea, 2015, Articles 329 and 581
Sets 18 as the minimum age of marriage for both sexes.
Gaps: Girls may marry at 16 with a dispensation if pregnant or already mothers, and customary law often decides marriageability by physical maturity.
Source: aucecma.org, data.unwomen.org
Child marriage and age of marriage
Proclamation No. 1/1991 and Penal Code 2015, Article 607
Proclamation 1/1991 makes marriages between persons under 18 void. Article 607 of the Penal Code penalises officials who preside over child marriages and others involved.
Source: aucecma.org
Family and personal status
Civil Code of the State of Eritrea, 2015, Article 530
Makes consent to marriage obtained through threats invalid.
Gaps: There is no Family Code, and the African Commission recommended that one be enacted.
Source: antislaverylaw.ac.uk, achpr.au.int
Inheritance and succession
Transitional Civil Code (succession provisions)
Provides equal succession rights regardless of gender.
Source: achpr.au.int, data.unwomen.org
Labour and maternity
Labour Proclamation No. 118/2001
Regulates employment, including maternity protection.
Gaps: Indefinite national service raises forced labour concerns that the Labour Proclamation does not address.
Source: achpr.au.int
Political participation and quotas
Proclamation No. 86/1996
Reserves 30% of seats in regional assemblies for women.
Gaps: No national elections have taken place, and only 3 of 18 ministers were women at the time of the African Commission review.
Source: achpr.au.int, monitor.civicus.org
Nationality
Citizenship Proclamation No. 21/1992
Governs the acquisition of Eritrean citizenship.
Source: achpr.au.int
Trafficking
Penal Code of the State of Eritrea, 2015, Article 315
Prohibits trafficking in women and minors for prostitution or pornography, with 5 to 7 years’ imprisonment.
Gaps: The provision does not cover trafficking in males.
Source: antislaverylaw.ac.uk
Human rights defenders
Proclamation No. 145/2005 on non-governmental organisations
Regulates NGOs.
Gaps: The UN Special Rapporteur reports that freedoms of association and peaceful assembly are completely denied.
Source: monitor.civicus.org
Human rights defenders
Press Proclamation No. 90/1996
Regulates media ownership and the press.
Gaps: No private media are permitted, and the African Commission recommended amending this Proclamation.
Source: achpr.au.int, monitor.civicus.org
Same-sex relations
Penal Code of the State of Eritrea, 2015, Article 310
Criminalises sexual acts between persons of the same sex, women included, with 5 to 7 years’ imprisonment.
Gaps: The 2015 Code raised the maximum sentence from three years under the 1957 Code.
Source: humandignitytrust.org
Civic space
| CIVICUS Monitor rating | Closed (4/100) |
|---|---|
| NGO and association law | Proclamation No. 145/2005 |
| Press and media law | Press Proclamation No. 90/1996 |
| Human rights defenders law | No specific law protecting human rights defenders |
| Notes | Eritrea ranked last in the 2025 World Press Freedom Index. Independent journalism is banned, and the UN reports arbitrary detention and indefinite national service. |
Recent developments
- 1 May 2019. The African Commission adopted concluding observations on Eritrea’s initial and combined periodic report, recommending a Family Code and ratification of the Maputo Protocol.
- February 2020. The CEDAW Committee reviewed Eritrea and raised concern about sexual abuse linked to mandatory military service. It also noted continuing FGM and child marriage.
- 4 July 2025. The UN Human Rights Council renewed the mandate of the Special Rapporteur on Eritrea by 23 votes to 4.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Ratify the Maputo Protocol and adopt a comprehensive law on violence against women that criminalises marital rape.
- Enact a Family Code, as recommended by the African Commission in 2019.
- Remove the dispensation allowing girls to marry at 16 and enforce the ban on FGM.
- Amend Press Proclamation 90/1996 and make participation in national service voluntary.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: harmful practices, land and property, abortion and sexual and reproductive health, girls’ education, social protection, access to justice and legal aid, online violence and cybercrime, data protection, older persons, women and girls with disabilities. 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. 3 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Signed 2012, not ratified | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 14/01/1999 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 22/12/1999 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Not signed | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Not signed | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Not signed | 22/05/2026 |
| Protocol on the Rights of Older Persons | Not signed | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Ratified 26/04/2023 | 19/09/2023 |
| OAU Refugee Convention | Signed 2012, not ratified | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Signed 2012, not ratified | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed | 02/02/2026 |
Other AU treaties (16)
Sources (18)
- monitor.civicus.org · eritrea retains lowest ranking globally on press freedom …
- ohchr.org · dialogue eritrea committee elimination discrimination aga…
- aucecma.org · eritrea country profile on child marriages
- fgmcri.org · eritrea law report v1 (july 2018)
- wbl.worldbank.org · WBL2024 Economy Scores
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- achpr.au.int · concluding observations and recommendations initial and c…
- treaties.un.org · iv 8.en
- treaties.un.org · iv 8 b.en
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- gfmer.ch · Eritrea
- data.unwomen.org · 547
- antislaverylaw.ac.uk · eritrea
- humandignitytrust.org · eritrea
- monitor.civicus.org · data
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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.