Abstract

KACHIKA, Tinyade. Juxtaposing emerging community laws and international human rights jurisprudence on the protection of women and girls from harmful practices in Malawi. Afr. hum. rights law j. [online]. 2023, vol.23, n.1, pp.126-155. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2023/v23n1a6.

In recent years, community laws to address harmful practices affecting women and girls in rural Malawi have been forming under the leadership of traditional authorities (chiefs), plural justice system actors who usually are suspected by international human rights law and jurisprudence of being on the side of women's rights violations. Yet, being community engineered, the community laws have some potential to practically protect women and girls from harmful practices. Taking off from a 'norm internalisation' conceptual footing, this article closely examines how the phenomenon of community laws sits with the expectations of international human rights law and jurisprudence on measures that states ought to take to internalise norms protecting women and girls from harmful practices. The article establishes that international human rights law and jurisprudence is saturated with calls for states to prioritise formal and macro-level measures to address harmful practices, although latest jurisprudence at both United Nations and African Union levels has cautiously begun to also recognise the role of plural justice systems. The article argues that it is high time that the human rights treaty-monitoring bodies started to critically re-examine the high insistence on formal measures, given that the community laws, which are also internalising the norm protecting women from harmful practices, are manifesting at the level of chiefs' jurisdictions.

Keywords : harmful practices; community laws; norm internalisation; CEDAW/CRC General Recommendations/General Comments; African Commission/African Children's Committee General Comments.

        · text in English     · English ( pdf )