In Senegal, the 2005 Law in Relation to Reproductive Health, recognizes reproductive health as a
“fundamental and universal right guaranteed to all individuals without discrimination based on
age, sex, wealth, religion, race, ethnicity, matrimonial situation or any other situation.” Thus there
is access to contraceptives and other basic services, such as pregnancy and STI testing. However, one
has to be 15 or older to access such services. Abortion is only available in cases where the life of the
mother is in danger. This is the case in most other countries as well, except in South Africa.
Property:
In 2011 Malawi passed the Deceased Estates (Wills, Inheritance and protection) Act. This Act
repealed the Wills and Inheritance Act which posed a number of challenges especially for women
after the death of their husbands. The Act is therefore deemed a milestone in addressing the
predicament of women and children in as far as the administration of deceased estates is concerned.
Decision making and public participation:
Public positions have for a long-time been male dominated and in some cases women were totally
excluded. However with the progressive developments such as the adoption of the Maputo Protocol,
countries have begun to change the status quo and afford women opportunities which tradition
denied them. The South African Constitutional Court in Bhe v Magistrate, Khayelitsha declared
unconstitutional and invalid the African customary rule of male primogeniture which only allows an
oldest male descendant or relative to succeed the estate of a deceased man. 12
In Sierra Leone the Chieftaincy Act encourages women to contest for Paramount Chieftaincy. Before
this law, chieftaincy was a male domain controlled by traditional norms and values. 13
The Senegalese Parity law passed in 2010 requires all political parties and coalitions to avail equal
numbers of men and women on their candidate list. 14
Another example is the Constitution of Kenya which prohibits either gender from constituting more
than two thirds of any elected body; this means women must make up at least one-third of all elective
public bodies within Kenya’s political arena. The implementation of this Article should result in an
increase in women’s representation within all levels of government and, consequently, allowing
women to increase their influence in the decision making processes that affect equality throughout
the country. For instance: (1) Article 81(b) states that not more than two-thirds of the members of
elective public bodies shall be of the same gender; (2) Article 97 states that the Kenyan National
Assembly shall consist of at least 47 women elected by registered voters of the counties; (3) Article 98
states that the Senate shall consist of 16 women members; (4) Article 100 states that Parliament shall
enact legislation to promote the representation of women in Parliament; and (5) Article 177 requires
that no more than two-thirds of the membership of the county assembly shall be of the same
http://www.achpr.org/files/sessions/58th/state-reports/2nd-2002-2015/staterep2_southafrica_2003_2014_eng.pdf
Leone Country Gender Profile October 2011 ,
African Development Bank Group report page 16
12
13Sierra
14S
Faye Breakthrough for Women in Senegal’s Lower House available on
http://www.ipsnews.net/2012/08/breakthrough-for-women-in-senegals-lower-house/
8