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. RFLD member organisations use these laws in their advocacy. Photo: RFLD, taken with the consent of participants.

At a glance

Capital	Juba
Legal system	Mixed system of statutory law and customary law; customary law often governs marriage and family matters in practice
Official languages	English

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

Treaty	Status	Reservations or notes
Maputo Protocol	signed 24/01/2013 / ratified 24/02/2023 / deposited 07/06/2023
CEDAW	accession 30/04/2015
CEDAW Optional Protocol	accession 30/04/2015
African Charter on the Rights and Welfare of the Child	signed 24/01/2013; not ratified as of the AU list dated 14/02/2023
ICCPR	accession 05/02/2024
Kampala Convention	signed 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

Constitution	Transitional 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.

Source: wbl.worldbank.org

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.

Source: radiotamazuj.org, radiotamazuj.org

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.

Source: wbl.worldbank.org

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.

Source: antislaverylaw.ac.uk, girlsnotbrides.org

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.

Source: antislaverylaw.ac.uk, girlsnotbrides.org

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.

Source: wbl.worldbank.org

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.

Source: wbl.worldbank.org, mojca.gov.ss

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.

Source: wbl.worldbank.org

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.

Source: antislaverylaw.ac.uk

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.

Source: dataprotection.africa, cipesa.org

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.

Source: monitor.civicus.org, mojca.gov.ss

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.

Source: monitor.civicus.org, hrw.org

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.

Source: humandignitytrust.org

Civic space

CIVICUS Monitor rating	Repressed (21/100)
NGO and association law	Non-Governmental Organizations Act, 2016
Press and media law	Media Authority Act, 2013
Cybercrime law	Cybercrimes and Computer Misuse Act, 2026
Human rights defenders law	No specific law protecting human rights defenders
Public order and counter-terrorism	National Security Service Act, 2014, amended in October 2024
Notes	CIVICUS 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.

Source: suddinstitute.org

Recent developments

7 June 2023. South Sudan deposited its instrument of ratification of the Maputo Protocol.
5 February 2024. South Sudan acceded to the ICCPR.
29 October 2024. Parliament passed a contested security law expanding surveillance and control powers.
18 February 2026. The Cybercrimes and Computer Misuse Act, 2026 was signed into law, replacing the 2021 Provisional Order.
31 March 2026. Authorities introduced stricter controls on media operations and internet access.

Reforms recommended

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

Repeal the marital exemption in section 247(3) of the Penal Code Act 2008 so that rape within marriage is a crime.
Set 18 as the minimum age of marriage for girls and boys in national law and criminalise arranging child marriages, in line with the National Strategic Action Plan to End Child Marriage (2017 to 2030).
Adopt a specific law on domestic violence with protection orders.
Remove vague speech offences from the Cybercrimes and Computer Misuse Act 2026 and limit arrest powers under the National Security Service Act.

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.

AU treaty	Status	AU list dated
Maputo Protocol (rights of women)	Ratified 24/02/2023	19/09/2023
African Charter on Human and Peoples’ Rights	Ratified 23/10/2013	15/06/2017
African Charter on the Rights and Welfare of the Child	Signed 2013, not ratified	14/02/2023
Protocol establishing the African Court on Human and Peoples’ Rights	Signed 2013, not ratified	14/02/2023
African Charter on Democracy, Elections and Governance	Ratified 26/01/2014	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	Signed 2013, not ratified	19/09/2023
OAU Refugee Convention	Ratified 04/12/2013	16/05/2019
AU Convention on Preventing and Combating Corruption	Signed 2013, not ratified	14/02/2023
AU Convention on Cyber Security and Personal Data Protection (Malabo)	Not signed	02/02/2026

Other AU treaties (16)

AU treaty	Status	AU list dated
Protocol on Free Movement of Persons	Signed 2018, not ratified	08/08/2023
Protocol on the Statute of the African Court of Justice and Human Rights	Signed 2013, not ratified	18/06/2020
Protocol on Amendments to the Statute of the African Court of Justice and Human Rights (Malabo Protocol)	Not signed	22/05/2026
Protocol of the Court of Justice of the African Union	Signed 2013, not ratified	18/06/2020
Protocol on the Peace and Security Council	Signed 2013, not ratified	27/04/2022
Protocol to the OAU Convention on Terrorism	Signed 2013, not ratified	15/06/2017
OAU Convention on Mercenarism	Signed 2013, not ratified	15/06/2017
Charter on Decentralisation, Local Governance and Local Development	Not signed	25/03/2022
Charter on Public Service and Administration	Signed 2013, not ratified	08/07/2024
African Charter on Statistics	Not signed	19/09/2023
Statute of the Pan African Intellectual Property Organization	Not signed	19/09/2023
African Road Safety Charter	Not signed	22/05/2026
Revised African Maritime Transport Charter	Not signed	25/03/2022
Phyto-sanitary Convention for Africa	Not signed	15/06/2017
Convention establishing the African Centre for Fertilizer Development	Not signed	19/09/2023
Constitution of the Association of African Trade Promotion Organizations	Signed 2013, not ratified	16/05/2019

Sources (20)

Other countries in East Africa

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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.

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