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Equality Now Adolescent Girls’ Legal Defense Fund
For too many girls, especially in poor and developing countries, the critical adolescent years are shaped by harmful experiences that are oftentimes irreversible and irreparable, and then as women they are often further subjected to violence, poverty and severe health problems as a result of these harmful experiences in adolescence. The emergence of girls’ sexuality during puberty generates damaging responses—societies feel free to disinvest in their schooling and personal development while appropriating their labor, sexuality, and fertility. Despite nominal legal recourse, young girls have no socially protected means to protest abuses by family, partners, teachers, or strangers. Due to the number and severity of incidents, the urgency of taking on these cases and the structural changes that can be leveraged from them is clear. The Adolescent Girls’ Legal Defense Fund was created to support and publicize strategically selected legal cases, diversified to represent the most common and significant human rights abuses of adolescent girls.Cases
Cases are chosen based on their significance and the prospects of finding restitution for the victims and reshaping the rule of law by setting precedents or highlighting the need for equal protection under the law. Cases are brought to the public’s attention and foster public debate and more widespread rights-seeking. Equality Now is currently supporting three cases through the Adolescent Girls’ Legal Defense Fund:
Ethiopia
Marriage by abduction, a common practice in parts of Ethiopia, occurs when
a man kidnaps a woman or girl, rapes her and then pressures her to marry
him. In 2005, following advocacy efforts by the Ethiopian Women Lawyers Association
(EWLA), supported by an international Equality Now campaign, Ethiopia abolished
the law that provided for exemption from punishment in these cases of abduction
and rape, if the rapist subsequently married his victim. Equality Now's campaign
highlighted the case of Woineshet Zebene Negash, who was abducted at age
13 and raped. Although she was rescued and her rapist arrested, when he was
released on bail he abducted her again and held her for a month until she
managed to escape, but only after he had forced her to sign a marriage certificate.
Those involved in Woineshet’s abduction were sentenced to prison; however,
in December 2003 the decision was overturned by an appeals court, and the
perpetrators were released. Woineshet and her father, backed by Equality
Now and EWLA, appealed the case to the Cassation Court, which upheld the
decision of the appeals court. The abductor and accomplices remain free,
and all domestic legal avenues have been exhausted.
The AGLDF and EWLA, continue to aid Woineshet in her pursuit of justice. In 2007, we filed a complaint with the African Commission on Human and Peoples’ Rights on behalf of Woineshet arguing that the Ethiopian government’s failure to punish Woineshet’s rapist is a violation of its obligations under the African Charter. Currently, at the request of the Ethiopian government, we are negotiating an amicable settlement on Woineshet’s behalf with the Ethiopian government.
Zambia
The “defilement” or rape of minors is rampant in Zambia. Equality
Now has been actively supporting a case involving the rape of a 13-year-old
girl by her teacher. Two other teachers confirmed her allegations, and the
girl’s aunt/guardian reported the incident to the school. The teacher
admitted she was his “girlfriend”, and remarks reportedly made
by the head teacher indicated that this was not the first such incident involving
this teacher. The teacher went into hiding, and his parents tried to negotiate
with the aunt, who refused and reported the matter to the police. The teacher
was arrested but was released on bond and has not been prosecuted. As a result,
the aunt consulted a lawyer she knew who agreed to handle the case pro bono
as a civil matter.
On 30 June 2008, the High Court in Lusaka passed a landmark decision awarding R.M. damages worth K45,000,000 ($14,000) for pain and suffering, mental torture, aggravated damages and medical expenses. Calling the failure of the police to prosecute Hakasenke “a dereliction of duty,” the judge also referred the case to the Director of Public Prosecutions for a possible criminal prosecution. He further urged the Ministry of Education to set “regulations, which may stem such acts.”
To support R.M.’s case and to respond more strategically and collectively to issues of abuse of girls, the AGLDF’s Zambian consultant convened a coalition of Zambian organizations that are working to address issues relating to violations of the rights of girls (the “Coalition”). In addition, Equality Now issued a Women’s Action in February 2009 calling for criminal charges to be lodged against the perpetrator for the rape of R.M.; asking the Attorney-General to withdraw the notice of appeal against the decision of the High Court and requesting the Minister of Education to take serious note of Judge Musonda’s call to put effective mechanisms in place to address sexual violence against girls within the school system.
Kenya
The AGLDF is monitoring the case of a young Maasai girl who bled to death after
being subjected to FGM in Kenya. The circumciser and the girl’s father
were arrested and are facing manslaughter charges. This may be one of the first
prosecutions of a circumciser and a parent in the Maasai community. The AGLDF
retained a lawyer to help the prosecution bring a successful case (public prosecutors
in Kenya are often not lawyers themselves), and we will follow the case until
a judgement is rendered.
Advisory Board
Judith Bruce (Population Council) chairs the Advisory Board, on which Jane Fonda is serving together with a number of distinguished judges and experts from the international human rights and women’s rights movements. Currently these include: Elizabeth Evatt (former Chair of the United Nations Committee on the Elimination of Discrimination Against Women- CEDAW), Judge Claire L’Heureux Dube (former Canadian Supreme Court justice who regularly does training of judges in African countries), Carolyn Makinson (Executive Director, Women’s Commission for Refugee Women and Children together with Dale Buscher also from the Women’s Commission), Marianne Gimon (an independent consultant specialized in gender and international development) and Ann Graham (specialist in women’s philanthropy and currently a consultant to the United Nations).
Conclusion
Focusing on specific cases of violence and discrimination against women and girls and building efforts around these cases to highlight violations of girls’ rights is extremely effective. Equality Now believes that the Adolescent Girls’ Legal Defense Fund fosters an environment where laws that protect and promote the rights of women and girls are implemented and respected in Africa and beyond.
For more information, please contact Equality Now.
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