Abstract
SUMMARY This article examines the envisioned design of the 'Africa we want' through the lens and intersection of the principles of the rule of law and access to justice in the elimination of the barriers that compromise the promotion of the rights of women in contemporary Africa as envisaged in Agenda 2063. The objective is to affirm the language of rights as an enabling environment that will advance the promotion of the rights of women in the regulation of state authority. The purpose of the article is grounded by many of the challenges faced by women of Africa in the enjoyment and fulfilment of their rights. The article raises questions on the improvement of access to justice by women, capacitation of the enforcement agencies and their contribution to socio-legal change. These questions are limited to the rights of women within the interrelationship that exists between the rule of law and access to justice. The article starts by setting the tone on the intersection of the two principles and their potential to advance the rights of women in Africa. It then focuses on the significance of the people-centred approach within the framework of the two principles in the advancement of the rights of women of Africa as envisaged in Agenda 2063. Key words: rule of law; justice; women; contemporary Africa; human rights; Agenda 2063; social change
Highlights
Following the progress made in the promotion of the rights of women within the community of nations through legal and other reforms, Africa has since aligned itself with the said community in order to remove all the barriers that are faced by women in the enjoyment of their rights
The objective is to affirm the language of rights as an enabling environment that will advance the promotion of the rights of women in the regulation of state authority
The existing remedies; and complex legal procedures and the lack of national information flow about rights and legal processes.[44]. These challenges raise important questions: first, as to what strategies to put in place to eliminate perceptions that access to justice depends on the purse of a person; second, how to develop an inclusiveoriented approach that is sensitive to gender nuances in order to ensure the empowerment of women; third, the effect that the law has in eliminating societal norms that entrench gender stereotypes; lastly, whether law can be relied upon as an effective measure to determine social change
Summary
Following the progress made in the promotion of the rights of women within the community of nations through legal and other reforms, Africa has since aligned itself with the said community in order to remove all the barriers that are faced by women in the enjoyment of their rights. With the progress so far made, the adoption by the African Union (AU) of Agenda 2063 with an affirmation of ‘the Africa we want’[6] has established the rule of law as one of Africa’s seven aspirations that are at the epicentre of promoting the rights of women, especially around access to justice. Intense scrutiny and unwarranted attacks from the general populace, especially in South Africa.[9] It focuses on the significance of the people-centred approach with reference to the rule of law and access to justice in the advancement of the rights of women in Africa as envisaged in Agenda 2063
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