Authored By: Haleluya Daniel
Addis Ababa University
Introduction
Women’s rights and gender equality constitute one of the most significant dimensions of the modern human rights movement. While international human rights law affirms the inherent dignity and equal worth of every person, women across the world continue to face systemic discrimination, unequal access to opportunities, and violence. From political participation and education to economic empowerment and bodily autonomy, women’s rights are not simply a subset of human rights but a necessary lens through which the universality of rights is tested. The protection and promotion of women’s rights remain critical, both globally and in Africa, where structural and cultural barriers persist.
This article examines women’s rights and gender equality through the lens of international human rights law. It considers the global and regional legal frameworks that seek to protect women’s rights, explores how these principles have been reflected in the Ethiopian context, highlights persistent challenges, and provides recommendations for stronger enforcement.
International Human Rights Framework
The foundation of modern human rights protection lies in the Universal Declaration of Human Rights (UDHR) 1948, which proclaims that all human beings are born free and equal in dignity and rights.[1] Although non-binding, the UDHR set the tone for subsequent binding treaties.
Two key instruments, the International Covenant on Civil and Political Rights (ICCPR) 1966 and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966, further entrenched principles of equality. Both treaties prohibit discrimination based on sex and require state parties to respect and ensure equal rights.[2]
The most comprehensive international instrument dedicated to women is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979. Often described as the “international bill of rights for women,” CEDAW obliges state parties to eliminate discrimination in all spheres of life, including education, employment, healthcare, and political participation.[3] It goes beyond formal equality, requiring substantive equality that addresses structural and cultural barriers.
In 1995, the Beijing Declaration and Platform for Action was adopted, marking a turning point in global advocacy for women’s rights. While not a treaty, it outlined twelve critical areas of concern, ranging from women’s poverty and health to violence against women and women in armed conflict.[4]
At the regional level, the African Charter on Human and Peoples’ Rights (1981) guarantees equality before the law and prohibits discrimination.[5] However, its gender commitments were criticized as vague, leading to the adoption of the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol) 2003. The Maputo Protocol is a progressive instrument, guaranteeing reproductive rights, the prohibition of harmful practices such as female genital mutilation (FGM), and the right to participate in political processes.[6]
Domestic Legal Framework: Ethiopia
Ethiopia has ratified the major international treaties on women’s rights, including CEDAW and the Maputo Protocol, and has domesticated many principles within its national legal system. The Federal Democratic Republic of Ethiopia (FDRE) Constitution of 1995 explicitly guarantees gender equality.
Article 25 enshrines equality before the law, prohibiting discrimination based on sex.[7]
Article 35 is a dedicated provision on the rights of women, affirming equal rights in marriage, ownership, employment, and political participation, while also mandating affirmative measures to remedy historical inequality.[8]
Article 41 recognizes economic, social, and cultural rights, which are essential for addressing women’s socio-economic vulnerability.[9]
Additionally, the Criminal Code of 2004 criminalizes harmful traditional practices, including FGM and early marriage, while family laws have been reformed to strengthen women’s rights in marriage and divorce. Despite these legal commitments, implementation remains inconsistent due to cultural, institutional, and economic barriers.
Persistent Challenges
Despite the robust international and domestic legal frameworks, women continue to face multifaceted challenges in the pursuit of gender equality.
- Gender-Based Violence (GBV)
Violence against women, including domestic violence, sexual assault, and harmful traditional practices, remains pervasive. The World Health Organization estimates that one in three women worldwide experiences physical or sexual violence in her lifetime.[10] In Ethiopia, although FGM prevalence has declined, it continues in several regions. Early and forced marriage also remain serious issues.
- Political Participation
Women remain underrepresented in political decision-making globally. Despite improvements, including Ethiopia’s gender-balanced cabinet in 2018, women still face barriers such as patriarchal attitudes, lack of resources, and violence against female politicians.
- Economic Inequality
Women continue to earn less than men and are concentrated in informal or low-paying sectors. Globally, the gender pay gap persists, while in Ethiopia, women’s economic opportunities are further limited by lack of access to land ownership and credit facilities.
- Education and Health
While significant strides have been made in access to education, girls in rural Ethiopia continue to face dropout risks due to child marriage, household responsibilities, and inadequate school facilities. Reproductive healthcare also remains limited in rural areas, undermining women’s right to health and bodily autonomy.
- Weak Enforcement of Laws
Legal provisions often exist only on paper, with weak enforcement mechanisms. Lack of awareness, inadequate institutional capacity, and deeply rooted cultural practices hinder the realization of women’s rights.
Case Studies
Global Example – CEDAW Committee v Myanmar (2019): The CEDAW Committee condemned systemic violence against Rohingya women as both gender-based and ethnic discrimination, illustrating how women’s rights are intertwined with broader human rights violations.[11]
Regional Example – Maputo Protocol and Reproductive Rights: Countries such as South Africa and Rwanda have used the Protocol to expand women’s access to reproductive healthcare, showcasing the instrument’s transformative potential.
Ethiopian Example – Family Law Reform (2000): The Revised Family Code raised the marriage age to 18 and granted women equal rights in marriage.[12]Although progressive, enforcement remains inconsistent, particularly in rural areas where customary practices dominate.
Recommendations
- Strengthening Implementation Mechanisms
Laws protecting women’s rights must be backed by effective enforcement mechanisms, including specialized courts or units to address GBV.
- Promoting Awareness and Education
Cultural attitudes remain a major barrier. Grassroots education campaigns targeting both men and women are necessary to change perceptions of gender roles.
- Economic Empowerment
Access to land, credit, and entrepreneurship opportunities should be expanded for women to reduce economic inequality and dependence.
- Political Representation
Affirmative action measures, such as quotas, should be enforced to ensure meaningful representation of women in political and decision-making institutions.
- Stronger International and Regional Monitoring
Bodies such as the CEDAW Committee and the African Commission on Human and Peoples’ Rights should strengthen monitoring and reporting mechanisms to hold states accountable.
Conclusion
The recognition of women’s rights as human rights is one of the most important milestones in international law. Instruments such as CEDAW and the Maputo Protocol reflect a growing consensus that gender equality is not only a legal requirement but also a foundation for sustainable development and justice. However, as the Ethiopian experience illustrates, the gap between legal commitments and practical implementation remains wide. Overcoming entrenched cultural practices, economic inequality, and institutional weaknesses requires political will, societal change, and the active participation of both men and women. Ultimately, the promise of universal human rights cannot be fulfilled without the full realization of women’s rights.
Bibliography
African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) 1520 UNTS 217.
Beijing Declaration and Platform for Action (Fourth World Conference on Women, 15 September 1995).
CEDAW (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13.
Federal Democratic Republic of Ethiopia (FDRE) Constitution, Proclamation No. 1/1995.
International Covenant on Civil and Political Rights (ICCPR) (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
International Covenant on Economic, Social and Cultural Rights (ICESCR) (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.
Maputo Protocol to the African Charter on the Rights of Women in Africa (adopted 11 July 2003, entered into force 25 November 2005).
Revised Family Code of Ethiopia, Proclamation No. 213/2000.
Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)).
World Health Organization, Violence against women prevalence estimates, 2018 (WHO 2021).
[1] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) art 1
[2] ICCPR (1966) arts 2, 3; ICESCR (1966) arts 2, 3
[3] CEDAW (1979) arts 1–3
[4] Beijing Declaration and Platform for Action (1995) para 44
[5] African Charter on Human and Peoples’ Rights (1981) art 2
[6] Maputo Protocol (2003) arts 2, 14
[7] FDRE Constitution (1995) art 25
[8] ibid art 35
[9] ibid art 41
[10] WHO, Violence against women prevalence estimates, 2018 (2021) 7
[11] CEDAW Committee, Inquiry concerning Myanmar under article 8 of the Optional Protocol to the CEDAW (2019)
[12] Revised Family Code of Ethiopia, Proclamation No. 213/2000, arts 7–12
