Culture, Dissent, and the State: The Example of Commonwealth African Marriage Law

The author argues that there should be greater state intervention in marriage, in particular, in the context of Commonwealth African states. Traditionally, customary law in many African nations restricts women's property rights and reproductive rights, and unequal power relations in the home can lead to gender-based violence. The author argues that the state has a dual obligation to promote equality and women's rights within intimate relationships, and these goals are best served by increased state regulation of marriage. The author argues that within the plural legal systems of Commonwealth Africa, statutory marriage regimes can provide women a more equitable alternative to the customary marriage law and an opportunity to protect their own rights within the marital relationship. The author proposes that Commonwealth Africa states implement a legislative floor that would create a minimum standard for women's rights within marriage. Johanna E Bond, Culture, Dissent, and the State: The Example of Commonwealth African Marriage Law (2011) 14 Yale Human Rts & Dev LJ 1.