The Rights of Women With Disabilities in Africa: Does the Protocol on the Rights of Women in Africa Offer Any Hope?

Tuesday, October 18, 2011
Author: 
Serges Alain Djoyou Kamga

At the time of the adoption of the African Charter on Human and Peoples' Rights (the African Charter) in 1981, women's rights were not a priority in Africa. Apart from an insertion of broad provisions pertaining to equality and freedom from discrimination, and their association with children's rights under article 68, the African Charter did not really focus on women's rights. However, this
shortcoming was corrected in 2003 by the adoption of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (African Women's Protocol) which came into force in 2005. Article 23 of the African Women's Protocol provides for “Special Protection of Women with Disabilities.” Nevertheless, given that women with disabilities suffer double discrimination, both for
being women and for living with a disability, and given that women with disabilities face particular difficulties in gaining access to education, employment and health care and are generally victims of violence and sexual abuse, is it enough to address their plight in a single provision of the protocol? This question is important as it investigates the extent to which the African Women's Protocol can be useful in protecting women with disabilities on the African continent.

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