African Court Cases

Maputo Protocol

Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa

Adopted on : 01 Jul 2003 Search

Articles

Articles Designation Number of Cases Details
Article 1
Definitions
For the purpose of the present Protocol: a) "African Charter" means the African Charter on Human and Peoples' Rights; b) "African Commission" means the…
0 cases
Article 2
Elimination of discrimination against women
1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard…
6 cases
Article 3
Dignity
1. Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights. 2. Every woman…
3 cases
Article 4
Life, integrity, security of the person
1. Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading…
1 cases
Article 5
Elimination of harmful practices
States Parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to…
0 cases
Article 6
Marriage
States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national…
2 cases
Article 7
Separation, divorce and annulment of marriage
States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage.…
0 cases
Article 8
Access to justice and equal protection before the law
Women and men are equal before the law and shall have the right to equal protection and benefit of the law. States Parties shall take all appropriate measures…
0 cases
Article 9
Participation in government
1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their…
2 cases
Article 10
Peace
1. Women have the right to a peaceful existence and the right to participate in the promotion and maintenance of peace. 2. States Parties shall take all…
1 cases
Article 11
Protection of women in armed conflicts
1. States Parties undertake to respect and ensure respect for the rules of international humanitarian law applicable in armed conflict situations, which…
1 cases
Article 12
Education
1. States Parties shall take all appropriate measures to: a) eliminate all forms of discrimination against women and guarantee equal opportunity and access in…
2 cases
Article 13
Economic and social welfare
States Parties shall adopt and enforce legislative and other measures to guarantee women equal opportunities in work and career advancement and other economic…
0 cases
Article 14
Health and reproduction
1. States Parties shall ensure that the right to health of women, including sexual and reproductive health is respected and promoted. This includes: a) the…
1 cases
Article 15
Food
States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) provide women…
2 cases
Article 16
Housing
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall…
0 cases
Article 17
Positive cultural context
1. Women shall have the right to live in a positive cultural context and to participate at all levels in the determination of cultural policies. 2. States…
0 cases
Article 18
The environment
1. Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) ensure greater…
1 cases
Article 19
Sustainable development
Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to:…
1 cases
Article 20
Widows' rights
States Parties shall take appropriate legal measures to ensure that widows enjoy all human rights through the implementation of the following provisions: a)…
0 cases
Article 21
Inheritance
1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the…
1 cases
Article 22
Special protection of elderly women
The States Parties undertake to: a) provide protection to elderly women and take specific measures commensurate with their physical, economic and social needs…
0 cases
Article 23
Special protection of women with disabilities
The States Parties undertake to: a) ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and…
0 cases
Article 24
Special protection of women in distress
The States Parties undertake to: a) ensure the protection of poor women and women heads of families including women from marginalized population groups and…
1 cases
Article 25
Remedies
States Parties shall undertake to: a) provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b)…
0 cases
Article 26
Implementation and monitoring
1. States Parties shall ensure the implementation of this Protocol at national level, and in their periodic reports submitted in accordance with Article 62 of…
0 cases
Article 27
Interpretation
The African Court on Human and Peoples' Rights shall be seized with matters of interpretation arising from the application or implementation of this Protocol.
0 cases
Article 28
Signature, ratification and accession
1. This Protocol shall be open for signature, ratification and accession by the States Parties, in accordance with their respective constitutional procedures.…
0 cases
Article 29
Entry into force
1. This Protocol shall enter into force thirty (30) days after the deposit of the fifteenth (15) instrument of ratification. 2. For each State Party that…
0 cases
Article 30
Amendment and revision
1. Any State Party may submit proposals for the amendment or revision of this Protocol. 2. Proposals for amendment or revision shall be submitted, in writing,…
0 cases
Article 31
Status of the present Protocol
None of the provisions of the present Protocol shall affect more favourable provisions for the realisation of the rights of women contained in the national…
0 cases
Article 32
Transitional provisions
Pending the establishment of the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights shall be seized with matters of…
0 cases
Article -Treaty
Treaty - Maputo Protocol
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
0 cases
Article 1 0 cases
Designation Definitions
Description For the purpose of the present Protocol: a) "African Charter" means the African Charter on Human and Peoples' Rights; b) "African Commission" means the African Commission on Human and Peoples' Rights; c) "Assembly" means…
cases
Article 2 6 cases
Designation Elimination of discrimination against women
Description 1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: a) include in their national constitutions and…
cases
Article 3 3 cases
Designation Dignity
Description 1. Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights. 2. Every woman shall have the right to respect as a person and to the free…
cases
Article 4 1 cases
Designation Life, integrity, security of the person
Description 1. Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited. 2.States Parties…
cases
Article 5 0 cases
Designation Elimination of harmful practices
Description States Parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognised international standards. States Parties shall take all…
cases
Article 6 2 cases
Designation Marriage
Description States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that: a) no marriage shall take…
cases
Article 7 0 cases
Designation Separation, divorce and annulment of marriage
Description States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage. In this regard, they shall ensure that: a) separation,…
cases
Article 8 0 cases
Designation Access to justice and equal protection before the law
Description Women and men are equal before the law and shall have the right to equal protection and benefit of the law. States Parties shall take all appropriate measures to ensure: a) effective access by women to judicial and legal…
cases
Article 9 2 cases
Designation Participation in government
Description 1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national…
cases
Article 10 1 cases
Designation Peace
Description 1. Women have the right to a peaceful existence and the right to participate in the promotion and maintenance of peace. 2. States Parties shall take all appropriate measures to ensure the increased participation of…
cases
Article 11 1 cases
Designation Protection of women in armed conflicts
Description 1. States Parties undertake to respect and ensure respect for the rules of international humanitarian law applicable in armed conflict situations, which affect the population, particularly women. 2. States Parties shall,…
cases
Article 12 2 cases
Designation Education
Description 1. States Parties shall take all appropriate measures to: a) eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training; b) eliminate all…
cases
Article 13 0 cases
Designation Economic and social welfare
Description States Parties shall adopt and enforce legislative and other measures to guarantee women equal opportunities in work and career advancement and other economic opportunities. In this respect, they shall: a) promote…
cases
Article 14 1 cases
Designation Health and reproduction
Description 1. States Parties shall ensure that the right to health of women, including sexual and reproductive health is respected and promoted. This includes: a) the right to control their fertility; b) the right to decide whether…
cases
Article 15 2 cases
Designation Food
Description States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) provide women with access to clean drinking water, sources of domestic…
cases
Article 16 0 cases
Designation Housing
Description Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to…
cases
Article 17 0 cases
Designation Positive cultural context
Description 1. Women shall have the right to live in a positive cultural context and to participate at all levels in the determination of cultural policies. 2. States Parties shall take all appropriate measures to enhance the…
cases
Article 18 1 cases
Designation The environment
Description 1. Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) ensure greater participation of women in the planning, management and…
cases
Article 19 1 cases
Designation Sustainable development
Description Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) introduce the gender perspective in the national…
cases
Article 20 0 cases
Designation Widows' rights
Description States Parties shall take appropriate legal measures to ensure that widows enjoy all human rights through the implementation of the following provisions: a) that widows are not subjected to inhuman, humiliating or…
cases
Article 21 1 cases
Designation Inheritance
Description 1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall…
cases
Article 22 0 cases
Designation Special protection of elderly women
Description The States Parties undertake to: a) provide protection to elderly women and take specific measures commensurate with their physical, economic and social needs as well as their access to employment and professional…
cases
Article 23 0 cases
Designation Special protection of women with disabilities
Description The States Parties undertake to: a) ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to employment,…
cases
Article 24 1 cases
Designation Special protection of women in distress
Description The States Parties undertake to: a) ensure the protection of poor women and women heads of families including women from marginalized population groups and provide an environment suitable to their condition and their…
cases
Article 25 0 cases
Designation Remedies
Description States Parties shall undertake to: a) provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b) ensure that such remedies are determined by competent judicial,…
cases
Article 26 0 cases
Designation Implementation and monitoring
Description 1. States Parties shall ensure the implementation of this Protocol at national level, and in their periodic reports submitted in accordance with Article 62 of the African Charter, indicate the legislative and other…
cases
Article 27 0 cases
Designation Interpretation
Description The African Court on Human and Peoples' Rights shall be seized with matters of interpretation arising from the application or implementation of this Protocol.
cases
Article 28 0 cases
Designation Signature, ratification and accession
Description 1. This Protocol shall be open for signature, ratification and accession by the States Parties, in accordance with their respective constitutional procedures. 2. The instruments of ratification or accession shall be…
cases
Article 29 0 cases
Designation Entry into force
Description 1. This Protocol shall enter into force thirty (30) days after the deposit of the fifteenth (15) instrument of ratification. 2. For each State Party that accedes to this Protocol after its coming into force, the Protocol…
cases
Article 30 0 cases
Designation Amendment and revision
Description 1. Any State Party may submit proposals for the amendment or revision of this Protocol. 2. Proposals for amendment or revision shall be submitted, in writing, to the Chairperson of the Commission of the AU who shall…
cases
Article 31 0 cases
Designation Status of the present Protocol
Description None of the provisions of the present Protocol shall affect more favourable provisions for the realisation of the rights of women contained in the national legislation of States Parties or in any other regional,…
cases
Article 32 0 cases
Designation Transitional provisions
Description Pending the establishment of the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights shall be seized with matters of interpretation arising from the application and…
cases
Article -Treaty 0 cases
Designation Treaty - Maputo Protocol
Description Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
cases