13th May 2024
Family law discrimination and persistent gender inequality in Africa are exacerbated by a multitude of challenges, including the complexity of legal pluralism and intersecting civil, customary, and religious family law systems. These challenges encompass issues such as child marriage, obstacles to marriage registration and legal recognition, polygamy, marital rape, domestic violence, and violations of equal rights to divorce settlements, child custody, inheritance, and matrimonial property.
The Report highlights that while there have been advancements in family law reform across the continent, progress has been slow and inconsistent. The effectiveness of some progressive laws is diminished by clawback clauses and actions. Additionally, certain Member States persist in lodging reservations against Article 16 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and Articles 6 and 7 of the Maputo Protocol, citing cultural and/or religious grounds.
Equality in the family in law and in practice must be realised to achieve an equal, integrated, prosperous, and peaceful Africa.