.
In 100 countries worldwide, women are barred from doing certain work solely because they are women. Over 150 countries have laws that are discriminatory to women, and only 18 countries are free of such laws. In 32 countries, women cannot apply for passports in the same way as men. In 59 countries, there are no laws against sexual harassment at work and in 46 there is no legal protection against domestic violence.
In Africa, the line between the girl/child and woman is often blurred, and at 14, thousands become mothers when they themselves are still children. Yet they have no access to proper maternal and sexual reproductive health education and services. There are countries where the law denies women access to contraceptives and countless die as a result of unsafe abortions. It is also here that the law insists on upholding moral or cultural obligations instead of addressing the reality of the situation on the ground.
In spite of these challenges, Africa is also making progress. Sub-Saharan Africa was last year cited as the most progressive region globally for legislative and regulatory reform in support of women’s economic advancement. The World Bank Group’s 2016 Women Business and the Law report described the region as a “study in contrasts”. There is clearly room to do more.
Africa is a continent blessed with rich cultures and diverse religious practices and beliefs, yet the same beliefs continue to uphold patriarchy and deeply rooted negative cultural norms. Where cultural and religious law run parallel to or are integrated in state law, how do we keep the good and discard the bad? As practitioners, we need to recognize and give enough priority to education and attitude change as we come up with, and implement laws. And we should look at glocalization, the domestication of international treaties and laws that we ratify to fit our local scenarios and African reality.
Right now, the world has the largest ever population of young people with more than 1.8 billion between the ages of 10 and 24. In my country, as long as you’re under the age of 35, you are young. Therefore, if we are to make a lasting difference, we must include our young people in discussions, negotiations, and the creation and implementation of laws and policies because gender inequality affects us all.
Young Africans continue to alienate themselves from our rich culture and history. Is there a way we can tap into the spirit of our customary law and utilize it to create even better legal responses? As nations on the cusp of change, fuelled by a hunger for development, we need to place adequate human and financial resources in documenting, researching, and taking lessons from our history.
We also need to look forward at the role of social media in creating awareness and shaping public opinion. And as we implement the law, we must think of ways in which technology interacts with society and the law itself, and figure out a way of using it to our advantage.
Most African countries, Kenya being a case in point, have beautiful, forward-looking laws on paper, but they often fall short on enforcement. We need adequate resources being to ensure that laws that affect the wellbeing of women and girls are enforced and that the people we serve know, understand and can access the law.
As a girl growing up, and now, as a woman, there are two emotions I learned to relate to more than others: Fear and shame. It is time to change the laws that validate or justify fear and shame. As long as the law remains gendered, it will be used as a tool for oppression and injustice. Legality is a matter of power and our quest should be anchored in equality and justice for all.
About the Author: Faith Wafula is the Gender Programs Officer at Strategic Applications International. She runs a program called SEMA, which means ‘speak out’ in Kiswahili. She works with young people to end gender inequality and break the cycle of gender based violence in Kenya. Faith is also a member of the Commonwealth Youth and Gender Equality Network.
The views presented in this article are the author’s own and do not necessarily represent the views of any other organization.
a global affairs media network
Fear, shame, women and the law
Scales of Justice background - legal law concept
June 28, 2016
In 100 countries worldwide, women are barred from doing certain work solely because they are women. Over 150 countries have laws that are discriminatory to women, and only 18 countries are free of such laws. In 32 countries, women cannot apply for passports in the same way as men. In 59 countries, there are no laws against sexual harassment at work and in 46 there is no legal protection against domestic violence.
In Africa, the line between the girl/child and woman is often blurred, and at 14, thousands become mothers when they themselves are still children. Yet they have no access to proper maternal and sexual reproductive health education and services. There are countries where the law denies women access to contraceptives and countless die as a result of unsafe abortions. It is also here that the law insists on upholding moral or cultural obligations instead of addressing the reality of the situation on the ground.
In spite of these challenges, Africa is also making progress. Sub-Saharan Africa was last year cited as the most progressive region globally for legislative and regulatory reform in support of women’s economic advancement. The World Bank Group’s 2016 Women Business and the Law report described the region as a “study in contrasts”. There is clearly room to do more.
Africa is a continent blessed with rich cultures and diverse religious practices and beliefs, yet the same beliefs continue to uphold patriarchy and deeply rooted negative cultural norms. Where cultural and religious law run parallel to or are integrated in state law, how do we keep the good and discard the bad? As practitioners, we need to recognize and give enough priority to education and attitude change as we come up with, and implement laws. And we should look at glocalization, the domestication of international treaties and laws that we ratify to fit our local scenarios and African reality.
Right now, the world has the largest ever population of young people with more than 1.8 billion between the ages of 10 and 24. In my country, as long as you’re under the age of 35, you are young. Therefore, if we are to make a lasting difference, we must include our young people in discussions, negotiations, and the creation and implementation of laws and policies because gender inequality affects us all.
Young Africans continue to alienate themselves from our rich culture and history. Is there a way we can tap into the spirit of our customary law and utilize it to create even better legal responses? As nations on the cusp of change, fuelled by a hunger for development, we need to place adequate human and financial resources in documenting, researching, and taking lessons from our history.
We also need to look forward at the role of social media in creating awareness and shaping public opinion. And as we implement the law, we must think of ways in which technology interacts with society and the law itself, and figure out a way of using it to our advantage.
Most African countries, Kenya being a case in point, have beautiful, forward-looking laws on paper, but they often fall short on enforcement. We need adequate resources being to ensure that laws that affect the wellbeing of women and girls are enforced and that the people we serve know, understand and can access the law.
As a girl growing up, and now, as a woman, there are two emotions I learned to relate to more than others: Fear and shame. It is time to change the laws that validate or justify fear and shame. As long as the law remains gendered, it will be used as a tool for oppression and injustice. Legality is a matter of power and our quest should be anchored in equality and justice for all.
About the Author: Faith Wafula is the Gender Programs Officer at Strategic Applications International. She runs a program called SEMA, which means ‘speak out’ in Kiswahili. She works with young people to end gender inequality and break the cycle of gender based violence in Kenya. Faith is also a member of the Commonwealth Youth and Gender Equality Network.
The views presented in this article are the author’s own and do not necessarily represent the views of any other organization.
