A multidisciplinary approach to the interpretation of article 14 of the protocol to the African charter on the rights of women in Africa">

Title page for ETD etd-06062011-145836


Document Type Master's Dissertation
Author Fokala Mukumu, Elvis
Email efokala@gmail.com
URN etd-06062011-145836
Document Title "It is my body, so I decide" A multidisciplinary approach to the interpretation of article 14 of the protocol to the African charter on the rights of women in Africa
Degree LLM
Department Centre for Human Rights
Supervisor
Advisor Name Title
Prof F Viljoen Supervisor
Keywords
  • reproductive health rights
  • specific rights
  • African women's protocol
  • sexuality
Date 2011-04-11
Availability unrestricted
Abstract

Although much has been written and discussed on the African Women’s Protocol in recent years, a number of misinterpretations and ambiguities remains regarding the source and scope of the specific rights enshrined in this revolutionary Protocol. From a legal perspective, the author singles out the provision of article 14 of the African Women’s Protocol (sexual and reproductive health rights) and begins with the tricky issue of identifying four aspects namely non-discrimination, abortion, informed consent and HIV/AIDS which in his opinion are fundamental to the protection and promotion of women’s sexual and reproductive health rights. Thereafter, with the help of case law, the author reviews the legal interpretations of these four aspects by some African, American, and Asian courts. At the UN level, decisions of the CEDAW Committee and the Human Rights Council are also reviewed.

Of practical interest, reflecting on the four aspects, the author explores the interpretative approach of different social sciences such as sociology, anthropology and psychology in an attempt to introduce a multidisciplinary approach that could supplement legal interpretation and understanding of women’s sexual and reproductive health rights.

© 2010, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Please cite as follows:

Fokala Mukumu, E 2010, "It is my body, so I decide" A multidisciplinary approach to the interpretation of article 14 of the protocol to the African charter on the rights of women in Africa, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-06062011-145836 / >

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