1 Introduction = 1
Feminist debates = 7
The scheme of this book = 10
2 Law in Africa = 13
Creating law(s) and legal systems = 14
Creating customary law = 17
Customary law in post-colonial states = 19
Choice of law dilemmas = 21
Moving towards guaranteeing women's rights: the impact of liberation struggles = 25
Equality = 27
Constitutional protection of women's rights = 33
Conclusion = 40
3 Human Rights in Africa = 41
Feminist analysis of international law = 42
The African perspective = 44
Engaging with international human rights on the African continent = 45
Human rights in the African system = 47
Sub-regional initiatives = 51
CEDAW in Africa = 57
Protocol to the African Charter on Human and People's Rights on the Rights of Women?history and drafting = 66
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003?overview =
79
Conclusion = 82
4 Family Law, Gender Equality and Human Rights = 85
Impact of human rights = 87
Feminist perspectives on family = 90
North Africa = 93
West Africa = 97
East Africa = 100
Southern Africa = 103
Bridewealth = 108
Relationships in the shadow of law = 112
Pluralism and the internal conflicts between marriage systems = 114
Pluralism and polygyny = 116
Other types of marriage arrangements = 119
Early marriage = 121
Divorce = 124
Property distribution on divorce = 129
Maintenance after divorce = 136
Children = 138
Nationality = 144
Death = 148
Conclusion = 157
5 Violence against Women and Reproductive Rights = 159
Defining the problem = 160
International developments around violence against women = 161
National developments and constraints = 165
Economic violence = 169
Sexual violence against women = 170
Non-consensual sex in marriage = 172
Sexual violence against young women and girls = 176
Issues of access to justice = 179
Strategies for combating violence against women = 180
Reproductive rights = 181
Health as a human right = 200
Strategies to protect women's reproductive rights = 205
Conclusion = 206
6 Female Genital Cutting, Human Rights and National Legislation = 207
Introduction = 207
Constructing an understanding of the practice = 208
Reasons given for the practice = 210
Feminist contestations over meaning and strategies around FGC = 212
The human rights framework = 218
Children's rights = 225
Efficacy of the human rights approach = 229
National legislation = 230
Colonial initiatives = 230
Post-independence laws on FGM = 231
Advantages of using law to tackle FGC = 235
Disadvantages of using law to tackle FGC = 237
The role of civil society organisations in eradicating FGC = 239
Select case studies = 239
Conclusion = 245
7 Culture, Development and Participation = 247
The monolith?'culture' = 248
Regional considerations of 'culture' = 250
The culture v human rights industry = 253
The joys of listening and talking to each other?obtaining normative consensus through cross-cultural dialogue
= 259
Development = 263
International aid policy = 267
Women in the development process: transformations = 269
Gender and poverty = 274
Political participation = 279
'Civil society' and non-governmental organisations = 285
Conclusion = 294
8 Conclusion = 297
Overview of the development of human rights = 298
The weak African state = 299
Culture = 304
Democratising the family = 306
Expanding the feminist project in Africa = 309
Appendix A: Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa =
311
Appendix B: Convention on the Elimination of All Forms of Discrimination Against Women 1979 = 325
Bibliography = 337
Index 393
Feminist debates = 7
The scheme of this book = 10
2 Law in Africa = 13
Creating law(s) and legal systems = 14
Creating customary law = 17
Customary law in post-colonial states = 19
Choice of law dilemmas = 21
Moving towards guaranteeing women's rights: the impact of liberation struggles = 25
Equality = 27
Constitutional protection of women's rights = 33
Conclusion = 40
3 Human Rights in Africa = 41
Feminist analysis of international law = 42
The African perspective = 44
Engaging with international human rights on the African continent = 45
Human rights in the African system = 47
Sub-regional initiatives = 51
CEDAW in Africa = 57
Protocol to the African Charter on Human and People's Rights on the Rights of Women?history and drafting = 66
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003?overview =
79
Conclusion = 82
4 Family Law, Gender Equality and Human Rights = 85
Impact of human rights = 87
Feminist perspectives on family = 90
North Africa = 93
West Africa = 97
East Africa = 100
Southern Africa = 103
Bridewealth = 108
Relationships in the shadow of law = 112
Pluralism and the internal conflicts between marriage systems = 114
Pluralism and polygyny = 116
Other types of marriage arrangements = 119
Early marriage = 121
Divorce = 124
Property distribution on divorce = 129
Maintenance after divorce = 136
Children = 138
Nationality = 144
Death = 148
Conclusion = 157
5 Violence against Women and Reproductive Rights = 159
Defining the problem = 160
International developments around violence against women = 161
National developments and constraints = 165
Economic violence = 169
Sexual violence against women = 170
Non-consensual sex in marriage = 172
Sexual violence against young women and girls = 176
Issues of access to justice = 179
Strategies for combating violence against women = 180
Reproductive rights = 181
Health as a human right = 200
Strategies to protect women's reproductive rights = 205
Conclusion = 206
6 Female Genital Cutting, Human Rights and National Legislation = 207
Introduction = 207
Constructing an understanding of the practice = 208
Reasons given for the practice = 210
Feminist contestations over meaning and strategies around FGC = 212
The human rights framework = 218
Children's rights = 225
Efficacy of the human rights approach = 229
National legislation = 230
Colonial initiatives = 230
Post-independence laws on FGM = 231
Advantages of using law to tackle FGC = 235
Disadvantages of using law to tackle FGC = 237
The role of civil society organisations in eradicating FGC = 239
Select case studies = 239
Conclusion = 245
7 Culture, Development and Participation = 247
The monolith?'culture' = 248
Regional considerations of 'culture' = 250
The culture v human rights industry = 253
The joys of listening and talking to each other?obtaining normative consensus through cross-cultural dialogue
= 259
Development = 263
International aid policy = 267
Women in the development process: transformations = 269
Gender and poverty = 274
Political participation = 279
'Civil society' and non-governmental organisations = 285
Conclusion = 294
8 Conclusion = 297
Overview of the development of human rights = 298
The weak African state = 299
Culture = 304
Democratising the family = 306
Expanding the feminist project in Africa = 309
Appendix A: Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa =
311
Appendix B: Convention on the Elimination of All Forms of Discrimination Against Women 1979 = 325
Bibliography = 337
Index 393