“Article 4(j): does not find application in the Republic of South Africa as the death penalty has been
abolished.”
“Article 6(d): South Africa does not consider itself bound by this Article that a marriage be recorded
in writing and registered in accordance with national laws in order to be legally recognised.”
“Article 6(h): South Africa enters a reservation on this Article, which subjugated the equal rights of
men and women with respect to the nationality of their children to national legislation and national
security interests, on the basis that it may remove inherent rights of citizenship and nationality from
children.”
Interpretative declarations:
•”Article 1(f): definition of “discrimination against women” in the Protocol has the same meaning
and scope as provided for in and interpreted by the Constitution of South Africa from time to time.”
“Article 31: The South African Bill of Rights shall not be interpreted to offer less favourable
protection of human rights than the protocol, which does not expressly provide for such limitations.”
5.
Uganda:
“Article 14(1)(a): In respect to the women’s right to control their fertility interpreted to mean; women
entirely have the right to control their fertility regardless of their marital status.”
“Article 14(2)(c): interpreted in a way conferring an individual right to abortion or mandating a State
Party to provide access thereto. The State is not bound by this clause unless permitted by domestic
legislation expressly providing for abortion. “
6.
Rwanda entered a reservation on Article 14(2)(c).
DOMESTICATION/IMPLEMENTATION
Ratification obliges States Parties to the African Charter to adhere to the rights entrenched in the
Protocol.
Human rights guarantees contained in the Maputo Protocol are far-reaching. However, there is still a
huge gap between commitments pursuant to the ratification of the texts and the reality of women’s
lives. Indeed, harmonization with domestic law in several countries which have ratified the Protocol
is yet to be conducted due to the lack of real political will and the persistence of several other
obstacles. Gender policies have however been developed in almost all countries and have resulted in
the adoption of specific laws and reforms in areas such as family law, health, education and the
judiciary taking into consideration the gender dimension.
The new Constitutions that were adopted in Kenya and Zimbabwe for instance, took a gender
sensitive dimension which enhances women’s rights. Reforms tackle issues such as violence against
women, stereotypes, discrimination, nationality and poverty. In accordance with Article 144 of the
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