sexual health and human rights in the african region - The ICHRP

5.2 SEXUAL VIOLENCE: REGIONAL FRAMEWORK
[6] The provisions of the African Charter do not directly address sexual violence. At
the same time, the fundamental rights guaranteed by the African Charter have
equal application to sexual violence. The rights relating to respect for integrity of
the person; 545 human dignity and freedom from all forms of exploitation and
degradation, inter alia, through slavery, cruel, inhuman or degrading
treatment; 546 liberty and security of the person, 547 implicitly prohibit violence to
the person.
[7] The African Children’s Charter has provisions that directly address sexual
violence. Article 16 of the Children’s Charter guarantees the child protection
against child abuse including ‘sexual abuse’. 548 Article 27 of the Children’s
Charter enjoins states to protect the child from ‘all forms of sexual exploitation
and sexual abuse’. 549 Furthermore, the state is enjoined to take measures to
prevent ‘the inducement, coercion or encouragement of a child to engage in any
sexual activity’, ‘the use of children in prostitution or other sexual practices’ and
‘the use of children in pornographic activities, performances and materials’. 550
Child trafficking for sexual exploitation is implicitly addressed by article 29 of
the Children’s Charter which enjoins states to take measures to prevent the
‘abduction, sale of, or traffic in children for any purpose or in any form’. 551
[8] Customary practices that directly or indirectly coerce children into becoming
spouses or any domestic laws that recognize the capacity of children to enter into
a marriage with or without parental consent but at a time that they are not
sufficiently mature to engage in sexual intercourse or to negotiate sex are a form
of sanctioning sexual violence that is in conflict with several provisions of the
Children’s Charter, including the following:
• article 5 which guarantees the child a right to survival, protection and
development;
• article 21 which requires states to eliminate social and customary practices that
impact adversely on the welfare, dignity, normal growth, development of the
child including the child’s health.
[9] The African Women’s Protocol addresses sexual violence both implicitly as well
as explicitly. The rights to equality, 552 dignity 553 and integrity and security of the
545 Article 4 of the African Charter.
546 Article 5 ibid.
547 Article 6 ibid.
548 Article 16(1) ibid.
549 Article 27(1) of the African Children’s Charter.
550 Article 27(1)(a), (b), and (c) ibid.
551 Article 29(a).
552 Article 2 of the African Women’s Protocol.
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