(Articles 2, 3, 13, 14, 15, 16 and 18 of the African Charter and the Protocol
on Women’s Rights):
360. This is the area where the country has actually taken a leapfrog compared
to other States Parties to the African Charter on Human and Peoples’ Rights and
its Protocol on the Rights of Women in Africa.
361. In fact, since independence, Senegal has always been concerned about
women’s issues in the country and this determination found concrete expression
in the gradual adoption of a protective normative framework and the
establishment of policies for the removal of inequalities between men and
women though a lot of hurdles still have to be removed to ensure that gender
equality is fully actualized.
a.
Positive Development of the protective normative framework :
(1) Improving the status of women in the 2001 Constitution :
362. Several provisions of the new Constitution of 2001 reinforce the enjoyment
of equal rights set out in the African Charter:
Equality between men and women in respect of access to elective
mandates and positions (Articles 1 and 7) ;
Right to education, namely reading and writing, work, health and to safe
environment (Article 8) ;
Right to acquire and own landed property (paragraph 2 of Article 15) ;
Right to the betterment of living conditions of women in rural
communities (Article 17) ;
Prohibition of forced marriages (Article 18) ;
Right of the married woman to acquire her own property just as the
husband and to personally manage her property (Article 19) ;
Right of children of both sexes to have access to schools (paragraph 2 of
Article 22) ;
Prohibition of any discrimination between men and women with regard
to employment, salary and taxes (paragraph 2 of Article 25).
(2) Efforts made
commitments :
to
harmonize
national
legislation
with
international
363. In addition to the amendments made in the 1972 Family Code, Senegalese
authorities reviewed the contents of several legislative and regulatory texts with
the aim of honoring their treaty commitments:
Law No 1999-05 of 29 January 1999 which enhanced the penalty for
offences such as rape, excision, indecent assault, incest and sexual
harassment ;
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