The Right to Sustainable Development for Women in South Africa: A Critical Analysis of Article 19 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

Abstract

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (hereinafter referred to as the Maputo Protocol) highlights the importance of sustainable development for women in Article 19. This research delves into an analysis of this article. Section 9 of the Constitution ensures that everyone is treated equally under the law. This provision serves as a basis for supporters of women's rights to advocate for progress, in South Africa by focusing on initiatives that empower women. Various laws have been put in place to uphold this entitlement. The question remains; are they adequate, in addressing the challenges faced by women concerning equality and sustainable development? The focus of this study is to examine the existing framework aimed at promoting women’s rights to development. The doctrinal research approach is utilised in this study. The current legal framework concerning the right to sustainable development may not be comprehensive enough to tackle the obstacles encountered by women. The objective is to evaluate the legal framework surrounding this clause and provide recommendations based on research findings.