General Comment No. 6 on the Maputo Protocol: A Crucial Tool for Women’s Marriage and Property Rights in Africa

GI-ESCR, in collaboration with IGED Africa, has created a short information note explaining the background and content of the General Comment No. 6 on the Maputo Protocol which was adopted in 2020. The document aims at supporting civil society in Africa to advocate for women’s rights in marriage and property rights within their countries and beyond.

The new General Comment fleshes out the regional legal standards applicable to women’s equal property rights in and out of marriage. It is thus quintessential in elaborating on women’s right to an equitable sharing of the joint property deriving from marriage. A key underlying factor which continues to systematically place women at a disadvantaged position across the African continent. The General Comment is especially ground-breaking as it takes into consideration the different ways in which women contribute to the economic well-being of their families and the critical need to ensure that this contribution is fully recognized in cases of separation, divorce, or annulment of marriage.

Civil society plays a key role in ensuring that the contents of the General Comment are widely distributed and promoted to influence the regional understanding of women’s marriage and property rights. Our new publication offers many different insights and ways to use the General Comment as well as a short guide on how to lead or support the development of further General Comments that will be crucial to strengthen the human rights mechanisms in Africa.

HERE YOU MAY FIND THE FULL TEXT OF THE GENERAL COMMENT IN THE FOLLOWING LANGUAGES:

 PORTUGUESE, ARABIC.