ABSTRACT

The African regional courts have decided on hundreds of human rights claims, but very few cases on women’s human rights and gender discrimination have been litigated before the courts. A court may only adjudicate on matters brought before it. If persons who have faced gender discrimination do not bring cases, the court will be limited in its ability to decide on them. This chapter examines the few cases before the ECOWAS Community Court of Justice (CCJ) and the African Court on Human and Peoples’ Rights (African Court) initiated by women or brought on their behalf. The goal is to critically evaluate how both courts have interpreted the rights of women enshrined in human rights laws and the facts presented before them.