Rising patriarchal resistance in Africa against gender equality and health rights
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Shobha Shukla - CNS
Only 54 months are left to deliver on the promise of gender equality (SDG-5), and health and wellbeing (SDG-3) by 2030. But the sense of urgency and purpose is acutely missing and instead of going forward, in many instances we are slipping backwards. Growing anti-rights and anti-gender pushbacks are trying to reverse whatever progress has been made on gender and health rights, especially for girls and women and gender diverse communities.
The latest attack on the gender rights come in the form of a draft 'African Charter on Family, Sovereignty and Values' that was endorsed by 20 African countries at the 4th African Inter-Parliamentary Conference on Family, Sovereignty and Values held in Ghana in early June 2026.
This controversial draft emphasises upon the so-called ‘African values’, 'traditional family structures' (marriage defined as between a man and a woman), 'sovereignty' against ‘foreign ideologies’, and calls for withdrawing from international agreements like the legally binding Maputo Protocol on women's rights. It is intended for eventual consideration by the African Union in February 2027.
In the words of Dr Tlaleng Mofokeng, United Nations Special Rapporteur on the Human Right To Health, "This regressive draft Charter is the first African continent-wide patriarchal push to dislodge human rights and replace them with so-called ‘moralistic’ viewpoints. More importantly, it urges African governments to withdraw from progressive and rights- and evidence-based agreements, including the historic and legally binding Maputo Protocol of 2003, which has been playing a defining role in promoting gender equality, as well as protecting reproductive and health rights of women and girls in Africa. Such a regressive attempt will also wrongfully firewall families from accountability in situations such as violence, coercion or discrimination, making it impossible for vulnerable girls, women and gender diverse people to seek justice where needed."
Dr Mofokeng was delivering her opening remarks at a SHE & Rights session hosted by the Global Center for Health Diplomacy and Inclusion (CeHDI), International Planned Parenthood Federation (IPPF), Asian-Pacific Resource and Research Centre for Women (ARROW), Asia Pacific Media Alliance for Health, Gender and Development Justice (APCAT Media) and CNS.
UN Special Rapporteur on Right To Health Dr Mofokeng urged governments to disengage with this draft Charter and instead honour and deliver on the promises they have made on gender equality and human rights to health, where no one is left behind.
An analysis of this draft Charter done by ISLA (Initiative for Strategic Litigation in Africa) shows that the draft Charter is not merely conservative but it constitutes a restructuring of rights through legal distortion. Sovereignty is used to resist accountability and family protection is used to justify exclusion. Culture is invoked to limit equality protections and human rights is reframed as a 'foreign ideology.' A family is defined as marriage through the lens of a marriage between a man and woman. There is a shift from rights-based governance to 'values'-based regulation.
Distorted definition of family
The draft Charter defines family through the lens of a marriage between a man and woman. "This directly conflicts with established international and regional human rights laws and jurisprudence. The draft Charter frames the family as a primary unit for policy design, governance and service delivery. It prioritises family welfare, family cohesion and family authority above individual consideration. This becomes especially dangerous when families themselves are sites of violence, coercion, discrimination or unequal power relations.
(To be contd)
Only 54 months are left to deliver on the promise of gender equality (SDG-5), and health and wellbeing (SDG-3) by 2030. But the sense of urgency and purpose is acutely missing and instead of going forward, in many instances we are slipping backwards. Growing anti-rights and anti-gender pushbacks are trying to reverse whatever progress has been made on gender and health rights, especially for girls and women and gender diverse communities.
The latest attack on the gender rights come in the form of a draft 'African Charter on Family, Sovereignty and Values' that was endorsed by 20 African countries at the 4th African Inter-Parliamentary Conference on Family, Sovereignty and Values held in Ghana in early June 2026.
This controversial draft emphasises upon the so-called ‘African values’, 'traditional family structures' (marriage defined as between a man and a woman), 'sovereignty' against ‘foreign ideologies’, and calls for withdrawing from international agreements like the legally binding Maputo Protocol on women's rights. It is intended for eventual consideration by the African Union in February 2027.
In the words of Dr Tlaleng Mofokeng, United Nations Special Rapporteur on the Human Right To Health, "This regressive draft Charter is the first African continent-wide patriarchal push to dislodge human rights and replace them with so-called ‘moralistic’ viewpoints. More importantly, it urges African governments to withdraw from progressive and rights- and evidence-based agreements, including the historic and legally binding Maputo Protocol of 2003, which has been playing a defining role in promoting gender equality, as well as protecting reproductive and health rights of women and girls in Africa. Such a regressive attempt will also wrongfully firewall families from accountability in situations such as violence, coercion or discrimination, making it impossible for vulnerable girls, women and gender diverse people to seek justice where needed."
Dr Mofokeng was delivering her opening remarks at a SHE & Rights session hosted by the Global Center for Health Diplomacy and Inclusion (CeHDI), International Planned Parenthood Federation (IPPF), Asian-Pacific Resource and Research Centre for Women (ARROW), Asia Pacific Media Alliance for Health, Gender and Development Justice (APCAT Media) and CNS.
UN Special Rapporteur on Right To Health Dr Mofokeng urged governments to disengage with this draft Charter and instead honour and deliver on the promises they have made on gender equality and human rights to health, where no one is left behind.
An analysis of this draft Charter done by ISLA (Initiative for Strategic Litigation in Africa) shows that the draft Charter is not merely conservative but it constitutes a restructuring of rights through legal distortion. Sovereignty is used to resist accountability and family protection is used to justify exclusion. Culture is invoked to limit equality protections and human rights is reframed as a 'foreign ideology.' A family is defined as marriage through the lens of a marriage between a man and woman. There is a shift from rights-based governance to 'values'-based regulation.
Distorted definition of family
The draft Charter defines family through the lens of a marriage between a man and woman. "This directly conflicts with established international and regional human rights laws and jurisprudence. The draft Charter frames the family as a primary unit for policy design, governance and service delivery. It prioritises family welfare, family cohesion and family authority above individual consideration. This becomes especially dangerous when families themselves are sites of violence, coercion, discrimination or unequal power relations.
(To be contd)