CULTURAL PRACTICES AND WOMEN'S REPRODUCTIVE HEALTH RIGHTS: A COMPARATIVE STUDY OF SOUTH AFRICA AND NIGERIA. WOMEN'S REPRODUCTIVE HEALTH RIGHTS IN SOUTH AFRICA: ANALYSIS OF LEGAL AND CULTURAL PERSPECTIVES.
CHAPTER ONE
INTRODUCTION, BACKGROUND AND CONTEXT
INTRODUCTION
The two countries have different legal frameworks for the protection of women's reproductive health rights. 9 § 6, subsection 6, removes the court's competence in matters listed in chapter 2 of the constitution.
HISTORICAL DEVELOPMENT OF REPRODUCTIVE HEALTH RIGHTS
It also guarantees the right to health.36 Moreover, it implicitly recognizes women's rights to reproductive health. The Conference on Population and Development (ICPD) recognized women's rights to reproductive health as part of human rights.42 This was seen as a turning point in the history of reproductive health.
AFRICAN CULTURE AND THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN
Given the uniqueness of childbirth and weaning, the role of women was seen as indispensable in the continuation of culture. 66 R.A Phillot-Almeida A Profile of Women's Roles as Economic Producers and Family Supporters in The Gambia 1994 10.
SCOPE OF REPRODUCTIVE RIGHTS
Men also have reproductive health needs, but must help women realize their reproductive health rights. There is a monitoring team associated with each country that is party to the various international treaties on reproductive health rights.
GENDER, SEXUALITY AND REPRODUCTIVE HEALTH RIGHT
The concept of reproductive health rights is important for the following reasons: First, the various human rights instruments define the various reproductive health rights as inherent inalienable human rights for every individual. Those who meet these expectations may experience a number of difficulties that can invariably negatively impact their reproductive health rights.
RELATIONSHIP BETWEEN REPRODUCTIVE HEALTHRIGHTS AND SEXUAL RIGHTS
Identify the different cultural practices that affect women's reproductive health rights in South Africa and Nigeria. Examine the extent of conflict between these cultural practices and the enforcement of women's reproductive health rights in the two countries.
STATEMENT OF THE PROBLEM
Identify the various factors responsible for the prevalence of cultural practices that hinder women's reproductive health rights in South Africa and Nigeria. Are there lessons they can learn from each other by comparing these two countries' laws on women's reproductive health rights?
RESEARCH METHODOLOGY
This study focuses on the interplay between cultural practices and the reproductive health rights of women. The international legal framework for the protection of the reproductive health rights of women will be examined together with the framework for the protection of these rights in South Africa and Nigeria.
SCOPE OF THE STUDY
Chapter Five examines South Africa's political history and its impact on cultural practices and women's rights to reproductive health. The sixth chapter presents a comparative analysis of cultural practices and women's rights to reproductive health in South Africa and Nigeria.
CHAPTER CONCLUSION
Finally, in order to fully enjoy these rights, where there is a conflict between different cultural practices and women's reproductive health rights, in accordance with international norms and standards on the protection of women's rights, reproductive women's health rights are respected. priority.
CHAPTER TWO
LITERATURE REVIEW
INTRODUCTION
CULTURE AND WOMEN’S RIGHTS
Considering the period of the study, it is obvious that it is deficient in the area of women's reproductive health.46. This means that any right that concerns the body is a matter for the individual.
WOMEN’S RIGHTS
Later development caused the UDHR to split into two: the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Bunch is one of the advocates for adopting a comprehensive approach to understanding the need to protect and promote women's rights.
REPRODUCTIVE HEALTH RIGHTS OF WOMEN
The various international platforms for the promotion of women's reproductive health rights are taking measures to enforce policy directions for achieving the goals of such proposals, around the world. Because this study is limited in scope – it does not provide a comprehensive overview of the various cultural practices that hinder women's reproductive health rights.
REGIONAL TRENDS IN THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN
However, he does not discuss some of the factors that may be responsible for the lack of commitment to human rights – as he has focused on civil and political rights. Ebenezer Durojaiye examines the importance of using human rights indicators to account for a country's commitment to the right to health – including sexual and reproductive rights – in Correa emphasizes a feminist perspective on reproductive rights.131 The study reviews fertility management policies and sexual and reproductive health rights and highlights the various challenges in implementing these rights.
CHAPTER CONCLUSION
Osakue and Martin-Hilber describe the situation of Nigerian women under the military regime.132 Apart from the authoritarian and male gender bias associated with the Nigerian military, the authors note the prevailing patriarchal traditions which are responsible for the low status accorded to women in this community. It reveals that women in Nigeria made efforts to accommodate their traditional belief systems while exercising some control over their reproductive problems and articulating the desire for change.
CHAPTER THREE
THE LEGAL FRAMEWORK FOR THE REPRODUCTIVE RIGHTS OF WOMEN UNDER INTERNATIONAL HUMAN RIGHTS LAW
INTRODUCTION
Considering that there was no specific law to protect women's reproductive health rights; this was not seen as an infringement on women's rights. It is against this background that this chapter examines the development of the legal frameworks in the field of women's reproductive health rights to achieve the foregoing. The chapter will examine the various international and regional treaties and international conventions on the protection of women. Fokala “The Relevance of a Multidisciplinary Interpretation of Selected Aspects Related to Women's Sexual and Reproductive Health Rights in Africa Law, Democracy and Development 177, 180.
DEVELOPMENT OF LEGAL FRAMEWORKS ON WOMEN’S REPRODUCTIVE RIGHTS
- The Universal Declaration of Human Rights (UDHR) 1948
- International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 Prior to the adoption of the UDHR, the UN agreed that its provisions would be transformed into
- Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) 1979
- The African Charter on Human and Peoples’ Rights (ACHPR) 1981
- The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2005
- International declarations/ plan of actions and other instruments
The African Court is an attempt to ensure that the provisions of the Charter are enforced. Some of the previous instruments only guaranteed the right to family planning and women's right to health101. Asuagbor, “Status of the Implementation of the Protocol to the African Charter on Human and People's Rights.
INTERNATIONAL AND REGIONAL TREATIES ON THE PROTECTION OF THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA AND
This suggests that some of the provisions of the African Charter may not be enforceable in Nigeria. However, South Africa has shown the political will to incorporate the provisions of most of the treaties on women's reproductive health rights. Nevertheless, the country has adopted the various provisions of the international treaties that promote and protect women's reproductive health rights.
CHAPTER CONCLUSION
Most of the countries that are signatories to these instruments are not ready to domesticate them. As already mentioned, this excuse is not sustainable in all cases because some of the rights that are violated do not require a financial obligation. These and many other factors, discussed in later chapters, have had a profound effect on the realization of women's rights to reproductive health - despite the various international instruments protecting these rights, as will be illustrated in the investigation carried out in Nigeria and South Africa, discussed in the following two chapters.
CHAPTER FOUR
REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA
ANALYSIS OF THE LEGAL AND CULTURAL PERSPECTIVES
INTRODUCTION
This will be done in an effort to recognize the level of influence of different cultural practices in the mitigation of various international instruments related to women's reproductive health rights. In addition, the chapter will also examine the various cultural practices that infringe on women's reproductive health rights in Nigeria. Also, the constitutional, legislative and policy framework that has been established for the protection of women's reproductive health rights will be examined.
HISTORY OF REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA Reproductive health rights of women form part of fundamental human rights. Initially, this set of
- Women in Pre-Colonial Societies
- Rights of Women in Pre-Colonial Nigeria
- Women in Colonial Nigeria
- Women in Post-Colonial Nigeria
Consequently, this chapter will examine the history of women's reproductive health rights in Nigeria, broadly examining the political history of Nigeria and the position of women in relation to the various rights exercised by them at different political stages. The impact of Nigeria's legal and political history and subsequent plural legal system on women's reproductive health rights cannot be overemphasized. Consequently, several chambers of the state Assembly have also passed legislation on women's rights.
CULTURAL PRACTICES THAT INFRINGE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA
- Widowhood Practices
- Levirate/Sororate Marriage
- Dowry/Bride Price
- Polygamy
- Female Genital Mutilation (FGM)
- Early Forced Marriages
In some African societies, one of the requirements of a valid customary marriage is the payment of the dowry/bride price. This type of marriage is usually initiated between the parents or guardian of the girl child and the man. The Convention on the Rights of the Child (1989) sets the marriage age at 18 years.
CONSTITUTIONAL, LEGISLATIVE AND POLICY FRAMEWORK FOR THE PROTECTION OF THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN
- Constitutional Framework
- National Legislation Giving Effect to the Constitution
- State Legislation on the Reproductive Health Rights of Women
- Reproductive Health and Population Policies in Nigeria
Some of the provisions of the Child Rights Act recognize the reproductive health rights of the girl child. It prohibits and criminalizes some of the cultural practices that violate women's reproductive health rights. The National Adolescent Health Policy is another national policy related to the realization of the reproductive health rights of women.
CHAPTER CONCLUSION
This has had the effect of softening various treaties that prohibit cultural practices that impede women's reproductive health rights in Nigeria. Moreover, the country's pluralistic legal system has influenced the realization of women's reproductive health rights. However, there are various legal frameworks for the protection of women's reproductive health rights, which are discussed in this chapter.
CHAPTER FIVE
REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN SOUTH AFRICA
INTRODUCTION
This chapter examines the history of reproductive health rights for women in South Africa – and the different political phases. The chapter will also identify the various cultural practices that violate women's reproductive health rights in South Africa. It will examine the legal framework for the protection of women's reproductive health rights and conclude that there is a gap between the recognition of women's reproductive health rights by the national legal regime and the realization of the rights of the women who are supposed to be beneficiaries of such rights.
HISTORY OF REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN SOUTH AFRICA
- Pre-Colonial Traditional Societies in South Africa
- Colonial and Apartheid Period
- The Post-Apartheid Experience
Ntlama“The use of Article 8(3) of the Constitution in the development of customary law values in the new constitutional order of South Africa PER/PELJ 24. The transformation introduced by the new constitution in terms of the health sector included the promotion of rights to reproductive health.33. The cultural rights recognized by the South African Constitution are in line with the provisions of some international instruments on the right to culture.
CULTURAL PRACTICES THAT INFRINGE ON THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN SOUTH AFRICA
- Widowhood Rituals
- Early and Forced Marriages
- Levirate and Sororate Unions (Ukungena)
- Virginity Testing
Female genital mutilation is one of the cultural practices that harm women's reproductive health rights in South Africa. Each of the diverse cultural groups in South Africa has different names for bridewealth. The status of the bride's father in the community determines the number of cattle to be paid by the prospective groom.
LEGAL FRAMEWORK FOR THE PROTECTION OF THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN SOUTH AFRICA
- Constitutional Framework
- Relevant Legislations (a) The Children’s Act 202
161Like the right to equality, dignity is one of the fundamental values of South African democracy. However, despite the recognition of the right to life in the Constitution, there are some cultural practices in South Africa that violate the right to life. The implication of this article of the Constitution is that a person has the right to participate in the cultural life of his/her choice.
CHAPTER CONCLUSION
