No CrossRef data available.
Article contents
Construing “Disability” into Article 14(2)(C) of the Maputo Protocol
Published online by Cambridge University Press: 02 October 2024
Extract
This article analyses the possibility of an intersectional understanding of “disability” in relation to Article 14(2)(c) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). Adopted in July 2003 and enforced since November 2005, the Maputo Protocol is considered a ground-breaking international human rights instrument (Johnson 2023, 329). It is the first treaty to comprehensively protect the reproductive rights of African women, including the contentious issue of abortion (Maputo Protocol 2003, Article 14(2)(c); Banda 2006, 82).
Keywords
- Type
- Critical Perspectives Article
- Information
- Copyright
- © The Author(s), 2024. Published by Cambridge University Press on behalf of the Women, Gender, and Politics Research Section of the American Political Science Association
References
African Commission on Human and Peoples’ Rights. (2014) General Comment No. 2 on Article 14.1 (a), (b), (c) and (f) and Article 14. 2 (a) and (c) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.Google Scholar
Banda, Fareda. 2006. “Blazing a trail: The African Protocol on Women’s Rights comes into force.” Journal of African Law 50 (1): 72–84.CrossRefGoogle Scholar
Bond, Johanna. 2021. Global Intersectionality and Contemporary Human Rights. Oxford University PressCrossRefGoogle Scholar
Budoo, Ashwanee and Gunputh, Rajendra Parsad. 2014. “Termination of Pregnancy of Persons with Mental Disabilities on Medical Advice: A Case Study of South Africa.” African Disability Rights Yearbook 2:101–20.Google Scholar
Grobbelaar-du-Plessis, IIze. 2007. “African Women with Disabilities: The Victims of Multi-Layered Discrimination.” South African Public Law Journal 22: 405–21.Google Scholar
Haihambo, Cynthy. and Lightfoot, Elizabeth. 2010. “Cultural Beliefs regarding People with Disabilities in Namibia: Implications for the Inclusion of People with Disabilities.” International Journal of Special Education 25 (3): 76–87.Google Scholar
Johnson, Adetokunbo. 2023. “Beyond the Universalist and Cultural Relativist Debate: Using the African Women’s Protocol to Realize Gender Equality in Customary African Marriages.” African Journal of Legal Studies 15 (3): 321–44.CrossRefGoogle Scholar
Johnson, Adetokunbo and van-Marle, Karin. 2023. “Exploring Intersectional and Ethical Feminist Perspectives as a Possible Framework for Understanding Violence Against Women with Disabilities in Africa with Specific Reference to Forced Sterilization.” (eds) Meyers, Stephen, McCloskey, Megan and Petri, Gabor. The Routledge International Handbook of Disability Human Rights Hierarchies: 398–419.CrossRefGoogle Scholar
Kanter, Arlene, and Lopez, Carla Villarreal. 2018. “A Call for an End to Violence Against Women and Girls with Disabilities under International and Regional Human Rights Law.” Northeastern University Law Review 10 (2): 583–653.Google Scholar
Lloyd, Margaret. 2001. “The Politics of Disability and Feminism, Discord, or Synthesis.” Sociology 35 (3): 715–28.CrossRefGoogle Scholar
Mavuso, Sibusisiwe Siphelele. and Maharaj, Pranitha. 2015. “Access to Sexual and Reproductive Health Services: Experiences and Perspectives of Persons with Disabilities in Durban, South Africa.” Agenda 29 (2): 79–88.CrossRefGoogle Scholar
Murungi, Nkatha and Durojaye, Ebenezer. 2015. “The Sexual and Reproductive Health Rights of Women with Disabilities in Africa: Linkages Between the CRPD and the African Women’s Protocol.” African Disability Rights Yearbook 3: 1–30.CrossRefGoogle Scholar
Ngwena, Charles. 2010. “Protocol to the African Charter on the Rights of Women: Implications for Access to Abortion at the Regional Level.” International Journal of Gynaecology and Obstetrics 110 (2): 163–6.CrossRefGoogle Scholar
Ortoleva, Stephanie. and Lewis, Hope. 2012. “Forgotten Sisters - A Report on Violence Against Women with Disabilities: An Overview of its Nature, Scope, Causes and Consequences.” Northeastern University School of Law Research Paper No. 104 2012: 12–160.Google Scholar
Rebouche, Rachel. 2009. “Health and Reproductive Rights in the Protocol to the African Charter: Competing Influences and Unsettling Questions.” Washington. & Lee Journal of. Civil. Rights. & Social Justice 16: 79–112.Google Scholar
Viljoen, Frans. 2009. “An Introduction to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.” Washington & Lee Journal of Civil Rights & Social Justice 16 (11): 11–46.Google Scholar
United Nations General Assembly. 2017. Report of the Special Rapporteur on the Rights of Persons with Disabilities: Sexual and Reproductive Health and Rights of Girls and Young Women with Disabilities A/72/133.Google Scholar
United Nations General Assembly. 2018. Report of the Special Rapporteur on Persons with Disabilities A/73/161.Google Scholar
United Nations Committee on the Rights of Persons with Disabilities’ Concluding Observations on the Initial Report of Kenya. 2015. CRPD/C/KEN/CO/1.Google Scholar
United Nations Committee on the Rights of Persons with Disabilities’ Concluding Observations on the Initial Report of South Africa. 2018 CRPD/C/ZAF/CO/1.Google Scholar
Women Enabled International (WEI). 2020. Abortion and Disability: Towards an Intersectional Human Rights-Based Approach. https://womenenabled.org/wp-content/uploads/Women%20Enabled%20International%20Abortion%20and%20Disability%20-%20Towards%20an%20Intersectional%20Human%20Rights-Based%20Approach%20January%202020.pdfGoogle Scholar