This policy brief makes a case for South Africa to lift its reservations to the Maputo Protocol. South Africa, together with other African Union Members, committed to the universal ratification, full domestication and implementation of the Maputo Protocol by 2020. This policy brief justifies the proposed lifting of South Africa’s reservations through interpretation of Article 31 of the Maputo Protocol that gives precedence to national laws in instances where such laws provide more favourable protection of women’s rights than the Protocol provisions. South Africa has fully complied with the Maputo Protocol provisions and, on some rights, has gone beyond the Protocol provisions. As such, the reservations made by the government of South Africa do not serve the purport of reservations in terms of international treaty law.
Prepared by Tshwaranang Legal Advocacy Centre in partnership with The University of Pretoria’s Centre for Human RightsCSO Guide: Engaging AU Member States on Women’s Rights and Gender Equality
Download the Guide (ENG) Background to the Guide The adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo