Journal Citation:
16 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 89-110 (2010).
The author explores how African nations have
responded to and implemented CEDAW
domestically. Many states have not ratified
CEDAW, strongly limiting its application.
This means that judges do not have to use it
as authority and its enforcement depends upon
individuals bringing these cases to the
courts. The author analyzes each article of
CEDAW and explores how they have or have not
been implemented domestically and the reasons
for this variance. While most African
Constitutions contain express non-
discrimination clauses on the basis of
gender, many domestic laws and prevailing
patriarchal attitudes still exist in society.
Finally, the author examines how the African
Charter and the African Women's Protocol
relate to CEDAW and the barriers that are
faced domestically in applying these laws and
recommendations. The author argues that
applying the articles of CEDAW is significant
in helping to give equal rights to women in
Africa.