29th April 2025

Enhancing Gender Justice through Jurisprudence: Tools for Judicial Application of the Maputo Protocol

Legal Manuals and Bench Books Achieve legal equality Africa

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A Judicial Manual and Training Guide for Legal Practitioners across Africa

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, commonly referred to as the Maputo Protocol, represents a landmark in regional human rights jurisprudence. As one of the most progressive legally binding instruments on the rights of women and girls globally, the Protocol obligates African States to eliminate discrimination and uphold a comprehensive catalogue of civil, political, economic, social, and cultural rights.

To support effective domestic implementation of the Protocol, Equality Now, in partnership with leading jurists and regional experts, has developed two companion resources: the Training Manual and Judicial Training Guide on the Application of the Maputo Protocol in Judicial Decision-Making.

These materials are intended to deepen judicial understanding of the Protocol and equip legal professionals with the tools and interpretive strategies necessary for its full and effective application in domestic courts.

About the Manual

The Manual serves as a reference on the interpretation and application of the Maputo Protocol by courts across Africa.

Drawing on comparative jurisprudence, it explores how judicial officers can integrate treaty obligations into national adjudication, particularly in dualist legal systems where treaty domestication is complex.

What’s inside the manual?

  • Module-based analysis aligned with reporting guidelines of the African Commission on Human and Peoples’ Rights
  • Case law citations from African and Commonwealth jurisdictions demonstrating judicial engagement with gender equality norms
  • Comparative perspectives on harmonising domestic legislation with international treaty obligations, including CEDAW and ICCPR
  • Guidance on progressive interpretation in areas such as sexual violence, family law, reproductive rights, and inheritance

About the Judicial Training Guide

Complementing the manual, the training guide on the application of the Maputo Protocol complements the manual by offering a structured, interactive curriculum for judicial education. It is tailored to stimulate discussion, reflection, and learning among legal professionals.

The Guide incorporates adult learning methodologies—including case analysis, problem-solving exercises, and peer-to-peer dialogue—ensuring that the learning experience is rooted in lived legal realities across jurisdictions.

What’s inside the training guide?

    • Seven key Modules covering Equality & Non-Discrimination, Prevention of Violence Against Women, Marriage Rights, Health & Reproductive Rights, Economic and Social Rights, Rights in Conflict, and Women with Special Needs

    • Facilitator-led sessions featuring practical exercises, case studies, roleplay, and simulations to deepen understanding of gender justice

    • Strategies for mainstreaming gender in judicial reasoning and overcoming stereotypes that contribute to discriminatory rulings

Who are these resources for?

    • Judicial training institutions
    • Judicial Officers –  judges, magistrates
    • Civil society and legal advocacy groups engaged in women’s rights

 

Key takeaways and recommendations

Judicial Interpretation as a Vehicle for Legal Reform

The courts are pivotal in shaping gender-just legal landscapes. In systems where legislative reform is slow, the judiciary has the authority and reponsibility to interpret existing laws in line with binding international obligations. The Maputo Protocol, when applied meaningfully by judicial officers, becomes a powerful mechanism for advancing substantive equality

Both the manual and the training guide are designed to promote jurisprudence that reflects Africa’s commitment to gender justice and women’s rights.

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29 April 2025

86 pages

Languages

EN

EN

Classification

Legal Manuals and Bench Books
Achieve legal equality
Africa

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