Legal protection of women's rights in Africa: The case of Tanzania

Abstract

The protection of women’s rights in Africa is a relatively young juridical field. Also, the feminist debate that developed in the last decades in the Western world cannot be directly applied to the African background. Thus, this thesis will look at women rights from an African perspective: after an excursus on the main legal achievements reached by African women for the safeguard of their rights, the two key instruments at an international level will be analysed: CEDAW and the Maputo Protocol. To enforce the law in defence of women’s rights, beside the African Commission, a decisive role can be played by the young African Court on Human and People’s rights. For this reason, its history, functions and potentiality will be examined. To present the possible developments of the Court, the European and the Inter-American Courts on Human Rights will be considered as references: their activity in the protection of women’s rights will be observed, as well as the example they could represent for the African Court. After this international perspective, the role of African domestic courts in the protection of women will be developed through the case study of Tanzania. The legal framework for the protection of women’s human rights will be outlined, including the Constitution of Tanzania and the international treaties ratified. Discriminatory laws and practices against women will be considered along with the approach of the domestic court in the cases challenging these practices.