Discrimination against women and girls is common in family laws across Africa, according to new study by Equality Now.
Gender inequality in marriage, divorce, custody, and property rights is maintained by sex discrimination embedded in legal systems and customary rules, according to an analysis of 20 African countries.
While some substantial legal reforms have been accomplished, progress has been gradual and inconsistent, impeded by setbacks, a lack of political will, and poor execution.
The research paper, "Gender Inequality in Family Laws in Africa: An Overview of Key Trends in Select Countries," examines how overlapping and contradictory legal frameworks complicate the interpretation and application of family laws, posing significant challenges for harmonising legal systems.
The research demonstrates that discriminatory family laws can have serious consequences, increasing the likelihood of sexual and gender-based violence for women and girls. These laws also make women and girls more dependent and vulnerable by limiting their economic opportunities and decision-making abilities.
South Africa, Angola, Botswana, Burundi, Cameroon, Côte d’Ivoire, the Democratic Republic of the Congo (DRC), Egypt, Ethiopia, Kenya, Malawi, Mozambique, Nigeria, Senegal, South Africa, South Sudan, Sudan, Tanzania, The Gambia, Tunisia, and Algeria have all failed to achieve full equality in family law.
Pressing need for comprehensive legal reforms
Esther Waweru, report co-author and a senior legal advisor at Equality Now, said: “Culture and religion frequently act as major impediments in the struggle for family law equality, stalling reforms.
“Claw-back clauses and retrogressive practices water down the positive impact of progressive laws, and there is backlash from anti-rights movements seeking to reverse hard-won gains in areas such as eliminating child marriage and female genital mutilation.”
She added that stagnation is a problem, with administrations promising to amend discriminatory laws but failing to take effective action. Progressive family codes are sometimes stuck in limbo, waiting to be enacted.
Africa is home to a diverse ethnic, linguistic, and religious population with a variety of family law arrangements.
Historically, societies created elaborate and deeply ingrained systems of customary laws controlling family relationships.
The introduction of European legal systems and religion resulted in a mix of customary, religious, and statutory rules that continue to impact legislation and practice via legal pluralism, the study revealed.
This intricate patchwork is shaped by shifting social forces. Civil, customary, and religious law, such as Islamic or Christian canon law, may overlap or clash, and many religious and customary rules discriminate against women and girls.
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