Cultural practices and reproductive health rights of women : a comparative study of South Africa and Nigeria.
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Date
2017
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Abstract
This study involved a critical comparison of cultural practices and the reproductive health rights of women in South Africa and Nigeria. The two countries are characterised by cultural diversity. They have assented to some international instruments on the protection of the reproductive health rights of women, but have different frameworks aimed at the protection of the reproductive health rights of women. The notable difference in the approach of the two countries to the promotion and protection of the reproductive health rights of women is that South Africa has a more developed constitutional approach channelled towards the protection of women‟s reproductive autonomy.
Apart from being signatories to international treaties on the protection of women‟s reproductive health, South Africa and Nigeria have different frameworks for the protection of women‟s reproductive autonomy. While South Africa has muster political will to domesticate these treaties, the case is different in Nigeria as it finds it difficult to domesticate these international instruments. However, despite South Africa‟s domestication of the international instruments and Nigeria‟s ratification of the instruments, coupled with their legal and legislative frameworks on women‟s reproductive health rights of women, women in these countries are constrained by various cultural norms from realising these rights.
Desktop research was conducted to gain a robust understanding of cultural practices and the reproductive health rights of women in South Africa and Nigeria. The study relied on primary and secondary sources of information. It reviewed the existing literatures on cultural practices and the reproductive health rights of women in both countries. As well as the various international and regional instruments on the promotion and protection of women‟s reproductive health right. The information gathered from these sources was subjected to content analysis.
The study revealed that that despite the frameworks adopted by the two countries on the protection of the reproductive health rights of women, reproductive health rights of women in both countries are still violated through some cultural practices. The cultural practices are so entrenched in the various communities in both South Africa and Nigeria that it is difficult to adopt laws to protect the reproductive health rights of women. According to the study, women themselves contribute to the furtherance of the cultural practices. This is because most of the instruments protecting these rights are ineffective. The study further revealed that the laws of some countries do not promote the enforcement of international instruments in their domestic courts – unless such instruments are domesticated. According to the study, while South Africa has demonstrated political will to protect women‟s reproductive health rights, Nigeria lacks the political will to domesticate the international instruments. Furthermore, in Nigeria, the pluralist legal system also affects the realisation of the reproductive health rights of women as the system creates geographical disparities in the realisation of these rights.
It is recommended that the Nigerian government demonstrate commitment to domesticating the various treaties on women‟s reproductive health rights to which the country has assented. Furthermore, both countries should provide human rights education to enlighten both men and women on the need to protect these rights. Finally, to fully enjoy these rights, where there is a conflict between the various cultural practices and women‟s reproductive health rights, in line with international norms and standards on the protection of women‟s rights, women‟s reproductive health rights should take precedence.
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Doctor of Philosophy in Public and International Law. University of KwaZulu-Natal, Pietermaritzburg 2017.