THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
annulment of their marriage. In case of separation, divorce or annulment of such marriages, women
shall enjoy equitable rights in the property derived from the marriage. For instance in 2011, this
provision was invoked in the case of Matty Faye v Dawda Jawara,wherein Matty Faye (the Applicant)
was able to obtain a declaration from the Court that she is entitled to an equitable share of her
matrimonial property, based on the substantial contribution in the development of the property, even
though the property was in the name of her ex-husband.
3.6 Section 39 of the Women’s Act provides that a woman has equal rights with respect to the
nationality of her children. Furthermore, Section 40 also provides that both parents shall have joint
responsibility with respect to safeguarding the interest of the family as well as the providing the
necessary protection and education for the children.
By virtue of the Children’s Act 2005, Children’s Courts have been established in the three
Administrative regions of Banjul, Brikama and Basse. Tese courts have exclusive jurisdiction over
criminal and civil matters involving children. Their civil jurisdiction extends to matters relating to
adoption, child custody, child maintenance amongst others.
Section 43 of the Women’s Act further provides that in the case of separation, divorce or annulment of
marriage, both the father and mother have reciprocal rights and responsibilities towards their children
and at all times, the interest of the children shall be given paramount consideration
THEME 4; HEALTH AND REPRODUCTIVE RIGHTS
4.1 Access to health services (Article 14(2)(a))
The Government of The Gambia accords high importance to implementing measures to effectively address
health challenges faced by the populace particularly as it pertains to malaria, HIV, tuberculosis and other
related infectious diseases.
Currently, implementation of the National Health Policy Framework (NHPF) 2007-2020 is ongoing. The
Policy seeks to ‘promote equity (both gender and territorial) in access and affordability of quality health
services, maintain ethics and standards, promote health system reforms and improve staff retention and
client satisfaction.’ Other health sector policies currently being implemented include the National
143
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents