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

2.4 African Charter on the Rights and Welfare of the Child
[14] Article 3 of the African Children’s Charter includes ‘sex’ as a ground protected
against discrimination. In its preamble, African Children’s Charter seeks to
protect the human rights of children by adhering to and affirming the equality
rights of children that are guaranteed under United Nations instruments, in
particular, the Convention of the Rights of the Child.
2.5 Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa
[15] The protection of equality and non-discrimination is the central object of the
African Women’s Protocol. Equality and non-discrimination are highly visible
rights and values in the preamble to the Protocol and in its substantive
provisions. As is stated in its preamble, the African Women’s Protocol was
adopted, inter alia, because of concerns ‘that despite the ratification of the
African Charter on Human and Peoples' Rights and other international human
rights instruments by the majority of States Parties, and their solemn
commitment to eliminate all forms of discrimination and harmful practices
against women, women in Africa still continue to be victims of discrimination
and harmful practices’. 207
[16] The African Women’s Protocol requires states to eliminate discrimination against
women on the grounds of sex as well as gender. Article 2, the main equality and
non-discrimination provision provides that:
1. States Parties shall combat all forms of discrimination against women through
appropriate legislative, institutional and other measures. In this regard they shall:
a) include in their national constitutions and other legislative instruments, if not already
done, the principle of equality between women and men and ensure its effective
application;
b) enact and effectively implement appropriate legislative or regulatory measures,
including those prohibiting and curbing all forms of discrimination particularly those
harmful practices which endanger the health and general well-being of women;
c) integrate a gender perspective in their policy decisions, legislation, development plans,
programmes and activities and in all other spheres of life;
207 Preamble to African Women’s Protocol.
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