Exploring the potential of the dominance feminist approach in interpreting socioeconomic rights in the Maputo Protocol

Abstract

Africa’s women have continued to be victims of violations of their rights including socio-economic rights simply by being women. The Maputo Protocol entrenches, among other rights, a comprehensive set of socioeconomic rights. Though this inclusion is commendable, interpreting these rights plays a significant role in engendering them and eliminating discrimination against women. A general argument has been made for teleological interpretation of the Maputo Protocol, as it is with other human rights instruments. Considering that the Maputo Protocol is a specific treaty for women’s rights, this article argues for a teleological interpretation of the socio-economic rights that integrates a gender perspective for effective protection and engendering of these rights. The article explores the potential of the dominance feminist approach for a gendered teleological interpretation. The article shows that the dominance approach is not alien to the Maputo Protocol; it is included in the Protocol’s objective and purpose, socio-economic rights provisions, and other related provisions. Moreover, the article shows that the dominance feminist approach gels with substantive equality entrenched in the socio-economic rights provisions. The article also develops a methodological model for the proposed gendered teleological interpretation.