Women, Law and Human Rights in Southern Africa

The author explores the development of human rights law, particularly with respect to women, in the Southern African Development Community (SADC) (includes Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic of Tanzania, Zambia and Zimbabwe). She begins by considering the region's plural legal systems, before comparing the different constitutional models of SADC countries through the lens of inheritance laws. The author explores how these systems can work to protect or limit the rights of women. The author also provides a historical overview of Africa's engagement with human rights issues since the Second World War, including the adoption of the African Charter on Human and Peoples' Rights. She goes on to examine the SADCs own declarations addressing gender-based discrimination and violence. Finally, Banda considers the significance of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, adopted by the African Union in 2003. She emphasizes that gender equality can only be achieved by adopting a holistic approach not solely focused on granting legal rights.