CHILD AND FORCED MARRIAGES - A VIOLATION OF HUMAN RIGHTS

The next article will be on the topic: Child Marriage – a critical analysis of the legal framework prohibiting child marriage practice in Swaziland/Eswatini.

The article explores how laws meant to prohibit child marriages -in fact, enable the child marriage practice in Eswatini, under both customary and statute laws.

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The legal framework on sexual harassment in Eswatini – a critical review in light of the Maputo Protocol

The legal framework on sexual harassment in Eswatini – a critical review in light of the Maputo Protocol Chapter 8 Cite as SD Mavundla & A Strode, The Legal Framework on Sexual Harassment in Eswatini: A critical review in light of the Maputo Protocol, in Sexual Harassment, Law & Human Rights in Africa, Ed E Durojaye, S Nabaneh & T Adebanjo (2023) 231 - 262 Simangele D Mavundla* Ann Strode** Abstract Eswatini is a state party to this Protocol, having ratified it in 2012. Violence against women, including sexual harassment, is common in Eswatini. Sexual harassment undermines the enjoyment of women's rights, such as the right to physical and mental integrity, work, and health. The law is a tool used to regulate acceptable behaviour and conduct whilst punishing behaviour and conduct deemed unacceptable. The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) obliges member states to adopt measures to pr

Influencing Unwritten Laws – “Is there Equality and Non-discrimination of men and women under Swazi Tradition?”

"Influencing Unwritten Laws – Achieving Equality and Non-discrimination between Genders under Swazi Tradition" In February 2016, I had the privilege of participating in community dialogues led by Women and Law in Swaziland within the Shiselweni region, focusing on the Swaziland Women’s Charter. This document encapsulates the aspirations of Swazi women across various facets of life. Among the Charter's themes, the topic of Equality and Non-discrimination was addressed. During the dialogues, both men and certain women questioned the call for equality between spouses, citing that it ran counter to Swazi traditions. This perspective raised concerns about the perception of women advocating for equality within the home, implying their purported misunderstanding. The notion that parity within domestic settings is unattainable finds its basis in Swazi customary laws, bolstered by a biblical passage often paraphrased as 'Husbands are the head of their wives.'

Creating a circle of trust for a gender inclusive society in Swaziland

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