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Ending inequalities in sexual and reproductive health and rights
by Dr. Natalia Kanem
UN Population Fund (UNFPA), agencies
 
May 2024
 
Silent Emergency: Women Dying, to Give Life. (Save the Children)
 
Nearly one in five children (17.9%) born this year will enter the world without a doctor, midwife or nurse present, putting them and their mothers in danger, as conflict and climate change place critical maternal health services out of reach, Save the Children said.
 
New analysis by the child rights organisation also found that more than a fifth of births (22.2%) will take place outside a health facility, with this figure rising to nearly half in conflict zones.
 
The briefing, Silent Emergency: Women Dying, to Give Life estimates that 24 million mothers will give birth without a doctor, midwife or nurse, and 28 million will give birth outside a health facility.
 
A rise in conflict, climate-related disasters and humanitarian emergencies as well as the looming threat of pushback against reproductive health and human rights are putting the brakes on progress towards a world where childbirth is no longer a deadly threat for millions of women, Save the Children said.
 
Somalia is grappling with the devastating impact of the climate crisis and is one of the world’s 10 worst conflict-affected countries for children. Across the country, only 31.9% of women give birth with a doctor, midwife or nurse present - the lowest rate of skilled birth attendance in the world.
 
Rahma, 32, recently gave birth in the Beledweyne hospital, supported by Save the Children and the Damal Caafimaad Project [2]. She said her previous home births were traumatic. She said: “When I gave birth to my last child at home, it was tough. I couldn't find a professional nurse and I had a lot of bleeding. It was a dangerous situation - I almost died.”
 
After such a difficult childbirth at home, she was able to have her next child in the hospital under the care of the midwifery team. “After a few hours of hard labour, I gave birth to a healthy baby boy, called Ahmed. They took good care of both of us right after the birth and before I left the hospital, I talked to a nurse about breastfeeding and the support I could get.”
 
Climate change is increasing the frequency and severity of extreme heat and wildfires, which are associated with heightened risks of preterm birth, stillbirths and pregnancy complications, Save the Children said.
 
With global conflict increasing year on year, the analysis found that pregnant mothers in warzones are three times more likely to give birth without a doctor, midwife or nurse. Analysis also found almost half of births (44%) in conflict zones take place outside a health facility compared to 15% of births elsewhere.
 
Nowhere has the devastating impact of conflict been more evident than in Gaza, where six months of constant bombardment, siege and obstruction of aid deliveries have annihilated the health system. Recent analysis by Save the Children found that at least 435 attacks on health facilities or personnel between 7 October 2023 and early April 2024 – equivalent to 73 attacks per month of war.
 
Action on maternal health worldwide was advancing a decade ago, but progress to achieve the UN goal of 70 deaths per 100,000 births globally by 2030 is now stalling. Research from the World Health Organisation last year found that a woman dies from complications due to childbirth or pregnancy every two minutes.
 
Governments must protect the lives of women and children through strong primary health care, comprehensive sexual and reproductive services and education, underpinned by effective, sustainable financing, Save the Children said. Leaders must also stand firm against rolling back progress on sexual and reproductive health and human rights.
 
Marionka Pohl, Global Head of Health Policy and Advocacy at Save the Children, said:
 
“In both conflict zones and climate change hotspots, children suffer first and worst – even from the moment they take their first breaths. Mothers and babies in these contexts are more likely to be in danger – leading to more children growing up without a mother and more mothers going through the distress of losing their newborns.
 
“All women, even in the most remote and dangerous areas of the world, should have access to medical care, and equipment, as well as the right to access reproductive services and education. It is critical that we act now – if we drop the ball on the progress we’ve made over the past few decades it is women and children who will pay the price.”
 
http://www.savethechildren.net/news/maternal-health-nearly-one-five-children-born-2024-will-enter-world-without-medical-care
 
Apr. 2024
 
Ending inequalities in sexual and reproductive health and rights, by Dr. Natalia Kanem. (UNFPA)
 
Global gains in sexual and reproductive health and rights over the last thirty years are marred by an ugly truth – millions of women and girls have not benefited because of who they are or where they were born, according to the 2024 State of World Population report, released today by UNFPA, the UN sexual and reproductive health agency.
 
Entitled “Interwoven Lives, Threads of Hope: Ending inequalities in sexual and reproductive health and rights”, the report highlights the role racism, sexism and other forms of discrimination continue to play in blocking broad gains in sexual and reproductive health for women and girls.
 
The data are damning. Women and girls who are poor, belong to ethnic, racial and indigenous minority groups, or are trapped in conflict settings, are more likely to die because they lack access to timely health care:
 
An African woman who experiences pregnancy and childbirth complications is around 130 times more likely to die from them than a woman in Europe and Northern America.
 
Over half of all preventable maternal deaths are estimated to occur in countries with humanitarian crises and conflicts – that’s nearly 500 deaths per day.
 
Women of African descent across the Americas are more likely to die when giving birth than white women. In the United States, the rate is three times higher than the national average.
 
Women from indigenous ethnic groups are more likely to die of causes related to pregnancy and childbirth.
 
Women with disabilities are up to 10 times more likely to experience gender-based violence than their peers without disabilities.
 
People of diverse sexual orientation and gender expression face rampant violence and steep barriers to care.
 
This year marks the thirtieth anniversary of the International Conference on Population and Development in Cairo – a landmark moment in which 179 governments committed to placing sexual and reproductive health and rights at the core of sustainable development. But progress is in danger.
 
Millions of women and girls remain far behind, and progress is slowing or stalled on key measures: 800 women die every day giving birth, unchanged since 2016; a quarter of women cannot say no to sex with their partner and nearly one in 10 women cannot make their own decisions about contraception. In 40 per cent of countries with data, women’s bodily autonomy is diminishing.
 
“In the space of a generation, we have reduced the unintended pregnancy rate by nearly one fifth, lowered the maternal death rate by one third, and secured laws against domestic violence in more than 160 countries,” said Dr. Natalia Kanem, UNFPA Executive Director. “Despite this progress, inequalities within our societies and health systems are widening, and we have not adequately prioritized reaching those furthest behind. Our work is incomplete but not impossible with sustained investment and global solidarity."
 
The evidence outlined in the report points to a troubling reality – access to contraceptives, safe birth services, respectful maternity care, and other essential sexual and reproductive health services is unreachable for too many women and girls.
 
In Madagascar, the richest women are five times more likely than the poorest to have skilled assistance in childbirth. And in Albania, over 90 per cent of Roma women from the most marginalized socioeconomic groups had serious problems in accessing health care compared with only five per cent of ethnic Albanian women from the most privileged socioeconomic groups.
 
Improvements in health care access have primarily benefited wealthier women, and those who belong to ethnic groups that already had better access to health care. Women and girls with disabilities, migrants and refugees, ethnic minorities, LGBTQIA+ people, people living with HIV and disadvantaged castes all face greater sexual and reproductive health risks and also unequal access to sexual and reproductive health care.
 
Their vulnerability is further compounded by powerful forces such as climate change, humanitarian crises and mass migration, which often have a disproportionate impact on women at the margins of society.
 
The report highlights the importance of tailoring programmes to the needs of communities – instead of large-scale, one-size-fits-all approaches – and empowering women and girls to craft and implement innovative solutions. It also calculates that if we spent an additional $79 billion in low- and middle-income countries by 2030, we would avert 400 million unplanned pregnancies, save 1 million lives and generate $660 billion in economic benefits.
 
http://www.unfpa.org/swp2024 http://www.unfpa.org/press/new-unfpa-report-finds-30-years-progress-sexual-and-reproductive-health-has-mostly-ignored http://news.un.org/en/audio/2024/04/1148651 http://www.who.int/news-room/fact-sheets/detail/maternal-mortality http://www.unfpa.org/safebirth#/en


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Gender Inequality in Family Laws in Africa
by Equality Now, UNICEF, UNFPA
 
May 15, 2024
 
Discrimination against women and girls remains widespread in family laws across Africa, finds new research by Equality Now. Analysis of twenty African countries reveals gender inequality in marriage, divorce, custody, and property rights is being perpetuated by sex discrimination institutionalized within legal systems and customary laws.
 
While some significant legal reforms have been achieved, progress has been slow, inconsistent, and hampered by setbacks, lack of political will, and weak implementation.
 
The report, Gender Inequality in Family Laws in Africa: An Overview of Key Trends in Select Countries, identifies how overlap and contradictions in legal frameworks make interpretation and application of family laws confusing, creating complex challenges for harmonizing legal systems.
 
The impacts of discriminatory family laws can be profound, putting women and girls at greater risk of sexual and gender-based violence, and leaving them more dependent and vulnerable, including by curtailing their economic opportunities and reducing their decision making power.
 
Full equality in family laws has not been achieved in any of the countries reviewed, which include Algeria, Angola, Botswana, Burundi, Cameroon, Cote d’Ivoire, Democratic Republic of the Congo (DRC), Egypt, Ethiopia, Kenya, Malawi, Mozambique, Nigeria, Senegal, South Africa, South Sudan, Sudan, Tanzania, The Gambia, and Tunisia.
 
Pressing need for comprehensive legal reforms
 
Africa is home to diverse ethnic, linguistic, and religious groups with varied family law structures. Historically, communities developed intricate and deep-rooted systems of customary laws governing family relations.
 
The introduction of European legal systems and religion resulted in a blend of customary, religious, and statutory laws that still shape legislation and practice through legal pluralism.
 
This complex patchwork is influenced by evolving social dynamics. Civil, customary, and religious law such as Islamic or Christian canon law, sometimes encroach or conflict. Many provisions in religious and customary laws discriminate against women and girls.
 
Esther Waweru, report co-author and a Senior Legal Advisor at Equality Now, explains, “Culture and religion frequently act as major impediments in the struggle for family law equality, stalling reforms. Claw-back clauses and retrogressive practices water down the positive impact of progressive laws, and there is backlash from anti-rights movements seeking to reverse hard-won gains in areas such as eliminating child marriage and female genital mutilation.”
 
“Stagnation is also a problem, with governments pledging to reform discriminatory laws but failing to take meaningful action. In some instances, progressive family codes remain in limbo awaiting enactment.”
 
Progress on child marriage, but shortfalls remain
 
Child marriage is one area of notable progress. Absolute bans on marriage under 18 exist in Cote d’Ivoire, DRC, Egypt, The Gambia, Kenya, Malawi, and Mozambique. However, the persistence of child marriage in certain communities underscores the need for a multi-sectorial approach incorporating awareness raising about the harmful and legal consequences of child marriage.
 
Concerningly, laws in Cameroon, Nigeria, Senegal, South Sudan, Sudan, and Tanzania still allow child marriage. While in Algeria, Angola, Botswana, Burundi, Ethiopia, South Africa, and Tunisia, the legal age of marriage is 18, but exceptions are permitted.
 
Countries need greater protections against gender-based violence, especially intimate partner violence. Marital rape is not prohibited in Algeria, Kenya, Sudan, and The Gambia, while Northern Nigeria’s Penal Code allows marital rape and “corrective” assault within marriage.
 
Marital rape is only criminalized upon separation in Tanzania, and in Burundi, the penalty is under 30 days imprisonment or a fine. Tunisia’s law states a wife must fulfill her duties in line with ‘usages and customs’, putting women at risk of marital rape as a wife’s traditional role includes pleasing her husband sexually.
 
Malawi’s courts have stated that rape does not extend to marriage. Customary law presumes perpetual consent to sex within marriage, and Malawi’s civil law appears to support this by providing only limited circumstances in which a wife can deny her husband sex, such as poor health or when legally separated.
 
Countries like Cote d’Ivoire, Mozambique, and South Africa can be commended for explicitly criminalizing marital rape. It’s imperative that all nations introduce bans, accompanied by awareness raising campaigns and accessible support services for survivors.
 
Effective legal enforcement is also crucial, as is providing comprehensive training for officials in the criminal justice, healthcare, and social service sectors.
 
Discriminatory marriage practices
 
In most African countries, registration of civil marriages is a legal requirement governed by specific laws formalizing marriage. Women in customary and religious marriages are at greater risk of discrimination as they don’t have the same legal protection as people in civil marriages.
 
Polygamy is legally permitted in Cameroon, Egypt, Kenya, Senegal, and South Sudan, with men allowed four wives in Sudan and Senegal. Cote d’Ivoire, Mozambique, and South Africa have statutory laws for monogamy, but customary and religious laws and practices continue to recognize polygamy without adequate protections for women in polygamous marriages. Other harmful traditional practices such as widow inheritance and surrogate marriage treat women as property.
 
Discrimination in divorce and child custody laws
 
Countries such as Sudan discriminate by granting husbands more powers to initiate divorce. In Algeria, women can only request a divorce in cases of abandonment, violation of the marriage contract, or if alimony is unpaid. In both Sudan and Egypt, in some no-fault divorces, a woman must pay financial compensation to her ex-husband.
 
Child custody laws have been reformed in Angola, Botswana, Burundi, Cameroon, Côte d’Ivoire, DRC, Mozambique, and Senegal, ensuring guardianship rights for both parents, irrespective of marital status.
 
Sex discrimination remains in countries like Senegal, where the father is the legal guardian regardless of the mother’s caregiving role. In Tunisia and Algeria, fathers retain legal guardianship even if the mother has custody. Algeria and Sudan strip a mother’s rights to custody upon remarriage, but this doesn’t apply to men.
 
Matrimonial property and inheritance
 
Matrimonial property laws is another area that has undergone considerable reforms. Cote d’Ivoire, Kenya, Malawi, and South Africa have introduced legal provisions for equitable distribution of matrimonial property. In Ethiopia, Nigeria, South Africa, and The Gambia, laws recognize the right of married women to acquire, own, maintain, and dispose of their property.
 
However, some customary and religious laws undermine women’s inheritance rights. In Algeria, Cameroon, Cote d’Ivoire, Egypt, Nigeria, South Sudan, Sudan, and Tunisia, women and girls receive less inheritance than men and boys.
 
Women are disadvantaged by cultural biases that influence judicial decisions, with unequal distribution, particularly evident in divorce and widowhood. In some countries, wives can be excluded from inheriting their husbands’ property. One example is Angola, where customary laws exclude wives from inheriting their deceased husband’s property, and widows are sometimes forced from their matrimonial home.
 
Aligning family laws with international human rights standards
 
Family laws in Africa must align fully with international human rights standards. Many countries have ratified key treaties like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). However, implementation and enforcement of these treaties remain inconsistent, with discriminatory family laws and policies remaining in statutes and practices.
 
Waweru concludes, “It’s especially concerning that in most countries where national judiciaries and African Union judicial bodies have explicitly called for law reform in their decisions, governments haven’t implemented these changes. And even where laws are equitable, enforcement is frequently inadequate and biased against women, and women may not know their legal rights.”
 
“To safeguard women and girls within family law, it is imperative for all African nations to promptly enact robust legislative and policy frameworks that align with international and regional human rights obligations.”
 
http://equalitynow.org/resource/family-law-africa-report/ http://data.unicef.org/topic/child-protection/child-marriage/ http://www.girlsnotbrides.org/learning-resources http://www.ipsnews.net/2024/03/womens-land-rights-in-farming-need-further-recognition/ http://stand4herland.org/ http://www.womenforwomen.org/newsroom
 
22 Mar. 2024
 
UNICEF and UNFPA alarmed by proposed repeal of law banning FGM in The Gambia.
 
“As the debate over the proposed repeal of the law banning Female Genital Mutilation (FGM) intensifies, we are deeply concerned by the potential reversal of decades of work invested in protecting the rights and dignity of women and girls.
 
“The proposed repeal of the ban on FGM, referred to as female circumcision in the 2015 Women’s (Amendment) Act, is a severe violation of human rights, and a setback in the global fight against gender-based violence. This move not only disregards the immense suffering experienced by survivors of FGM, but also undermines the progress made in raising awareness, changing attitudes, and mobilizing communities to abandon this harmful practice.
 
It sends a message that the rights and dignity of girls and women are expendable, perpetuating a cycle of discrimination and violence that has no place in a just and equitable society.
 
“The introduction of the ban on FGM in The Gambia in 2015 represents a significant milestone in the country's efforts to safeguard the rights and well-being of its female population, and was seen as a model of progressive legislation worldwide. It serves as a beacon of hope for countless girls, many without a voice, who faced the risk of undergoing this traumatic procedure, and it signalled the government's commitment to ending the harmful practice.
 
“Repealing this law will set a dangerous precedent and make The Gambia the first country in the world to have stepped back from such commitments.
 
“The Gambia is signatory to multiple international instruments that uphold and protect the rights of women and girls. Therefore, we firmly call on the government to uphold its obligations under international human rights law and maintain the ban on FGM.
 
We also urge the government to strengthen its efforts to prevent and address the practice through robust enforcement mechanisms, and targeted interventions with communities, including men and boys, as well as strengthening health services, and expanding opportunities for women and girls, to address the root causes.
 
“We stand in solidarity with survivors, activists, civil society organizations, faith-based organizations, and all those working tirelessly to end this human rights violation. Together, we must redouble our efforts to protect the rights and dignity of girls and women everywhere and ensure a future free from the harmful practice of FGM.”
 
http://www.unicef.org/press-releases/unicef-and-unfpa-alarmed-proposed-repeal-law-banning-fgm-gambia http://data.unicef.org/resources/female-genital-mutilation-a-global-concern-2024/ http://www.unicef.org/topics/fgm http://www.unfpa.org/press/putting-survivors-forefront-global-movement-end-female-genital-mutilation


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