In Sierra Leone, the Domestic Violence Bill criminalises violence. The Prevention of Domestic Violence Act (2006) in Malawi has assisted many women to use it as a tool of seeking justice against abuses. South Africa’s Sexual Offences Bill explicitly states that “[a] marital or other relationship, previous or existing, shall not be a defense” to a charge of rape. Namibia’s Combating of Rape Act similarly provides that “no marriage or other relationship shall constitute a defense to a charge of rape.”8 Harmful cultural practices: In Malawi, the Gender Equality Act prohibits harmful practices which have been defined as: a social, cultural, or religious practice which, on account of sex, gender or marital status, does or is likely to – (a) undermine the dignity, health or liberty of any person; or (b) result in physical, sexual, emotional, or psychological harm to any person.9 The Gambia, which is one of the countries with a high prevalence rate of female genital circumcision (FGM), has, on 28 December 2015, adopted a law which criminalises female genital circumcision. This law provides a fine of about $1250 or three years in prison for offenders. The Government of Ghana amended the Criminal Code in 2012 and included a section which can be used to prosecute those who aid and abet female circumcision. Previously, section 69A of the Criminal Code only provided for the liability of the person who is performing the female circumcision whereas now, with the amendment of 2012, liability can be extended to the persons who are participating in the female circumcision.10 In 2011, Guinea Bissau also passed a law banning FGM. The Health: The right to health is articulated in several Constitutions in Africa (South Africa, Kenya, Democratic Republic of Congo, Benin, Zimbabwe and Rwanda while in some states such as Nigeria and Zambia, health is provided for under the principles of State Policy. In Sierra Leone for example, the Medical Heath Programme and National Health Maternity Protection Strategic Plan of Sierra Leone caters for pregnant women and children aged five and below.11 In Malawi, the Gender Equality Act specifically provides for the right to adequate sexual and reproductive health. The right covers access to sexual and reproductive health care services; access to family planning services; protection from sexually transmitted infections; self-protection from STIs; choice of whether and when to have a child; fertility control; and choice of contraceptive method. Gender Based Violence laws in Sub-Saharan Africa (2007) available onhttp://www.nycbar.org/pdf/report/GBVReportFinal2.pdf 29 9http://www.achpr.org/files/sessions/58th/state-reports/6th-2011-2014/namibia_state_6th_periodic_report.pdf 89 8 Criminal Offences (Amendment) 2012 of Ghana available at http://www.refworld.org/pdfid/44bf823a4.pdf (accessed on 15 March 2016). 10 11http://www.achpr.org/files/sessions/57th/state-reports/1st-1983-2013/sierra_leone_state_report_eng.pdf 7