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Editors
Ashwanee Budoo-Scholtz and Emma Charlene Lubaale
Violence Against Women and Criminal Justice in Africa: Volume II
Sexual Violence and Vulnerability
1st ed. 2022
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Editors
Ashwanee Budoo-Scholtz
Faculty of Law, Centre for Human Rights, University of Pretoria, Hatfield, Pretoria, South Africa
Emma Charlene Lubaale
Faculty of Law, Rhodes University, Grahamstown/Makhanda, South Africa
ISSN 2523-3084 e-ISSN 2523-3092
Sustainable Development Goals Series
ISBN 978-3-030-75952-0 e-ISBN 978-3-030-75953-7
https://doi.org/10.1007/978-3-030-75953-7
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
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To,
Every woman survivor of violence who is denied justice.
Foreword
Violence against women and girls is perhaps one of the most critical issues dominating discussions on the agendas of states across the African continent. This scourge is neither new nor unique to the African continent. Over the past few decades, however, it has become an increasingly public issue across states in Africa. The pervasiveness of violence against women and girls has seen some states label the scourge a national crisis warranting immediate redress. It can be considered as one of the main challenges to the realisation of womens rights in Africa.
Criminal justice systems in Africa have a fundamental role to play in the eradication of violence against women. Disheartening, however, progress has been extremely slow as far as holding perpetrators of such violence to account is concerned. A significant number of cases, if at all reported, hardly make it through the criminal justice system. All considered, it is indisputable that violence against women and girls on the African continent has reached alarming levels. It is equally irrefutable that criminal justice responses are generally wanting. But equally undeniable is the fact that most African states have made multiple reforms to national laws. Many have also committed themselves to international obligations by way of ratification of treaties relevant to addressing the scourge of violence against women and girls. Even so, these strides have not generally translated into better criminal accountability across justice systems in Africa. The challenges and prospects of criminal justice for women and girls in Africa, despite these reforms, have hardly been the subject of scholarly discussion.
The two edited volumes of this publication fill in this scholarly gap. They echo the provisions of article 4 of the Protocol to the African Charter on Human and Peoples Rights (Maputo Protocol) that requires States parties to adopt and enforce laws, including punishing perpetrators, to ensure the elimination of violence against women. The contributions present a comprehensive and rigorous overview of the salient features and major developments in Africas criminal justice systems in as far as justice for women is concerned, while also focussing on vulnerable women. It offers a unique insight into the practical challenges of advancing justice for women in cases of violence in the different regions in Africa.
As someone who has been engaged on womens rights on the continent, including on the issue of violence against women, I believe that the publication of these two volumes is timely and that the recommendations therein, if implemented, can ensure more accountability for violence against women in the criminal justice systems of African countries.
Commissioner Lucy Asuagbor African Commission on Human and Peoples Rights, Outgoing Special Rapporteur on the Rights of Women in Africa