The UN has recognized that violence against women and girls is a
manifestation of historically unequal power relations between men and
women, which has led to significant levels of discrimination against
women and girls in virtually all parts of the world and in all spheres of
human endeavor. Since its founding in 1945, the UN has made a concerted
effort to recognize and protect human rights, including those of women
and girls. As part of that effort, the UN has established several mechanisms
and instruments to help both the international community and Member
States confront and deal with violence against women. In addition to
international and regional human rights instruments (e.g., ICCPR,
CEDAW, Maputo Protocol, and the Banjul Charter), the UN has also
facilitated the establishment of the Special Rapporteur mechanism, which
provides advice to the international community and Member States on
violence against women and girls, its causes and consequences. However,
the responsibility for making certain that the rights guaranteed to women
and girls by international human rights instruments and national
constitutions are recognized and protected, lies with each State Party.
Today, rape has emerged as one of the most pervasive and egregious forms
of violence against women and girls around the world. Examining case
law from several countries provides insight into how the African continent
is dealing with rape. An important lesson from this comparative case law
is that African countries need to revisit their legal definition of rape,
especially as it relates to gang-rape and sexual intercourse with children.
These definitions must be designed to reflect provisions of international
and regional human rights instruments and provide optimal protections for
children in particular and women in general
