Woman laws at Eswatini
Women's rights in Eswatini have undergone significant legal reforms in recent years, though challenges persist, particularly concerning traditional practices and access to justice.
⚖️ Legal Reforms and Rights
1. Abolition of Marital Power Doctrine (2019)
In August 2019, the High Court of Eswatini declared the common law doctrine of marital power unconstitutional. This doctrine historically granted husbands control over marital property and restricted wives' legal autonomy. The court's decision affirmed that married women have equal rights to manage property, enter contracts, and represent themselves legally, aligning with constitutional principles of equality and dignity
2. Sexual Offences and Domestic Violence Act (2018)
The Sexual Offences and Domestic Violence Act, enacted in 2018, marked a significant step in addressing gender-based violence. The law criminalizes marital rape, establishes specialized domestic violence courts, and mandates medical examination and treatment for victims. It also provides mechanisms for reporting offenses, aiming to enhance access to justice for survivors
3. Legal Capacity of Married Women
Prior to 2013, married women in Eswatini were restricted from instituting legal actions without their husband's consent. The High Court's 2013 ruling abolished this restriction, affirming that married women have the constitutional right to sue and be sued independently, thereby enhancing their legal capacity
⚠️ Ongoing Challenges
1. Abortion Laws
Abortion remains a criminal offense in Eswatini, with exceptions only if a physician certifies that the pregnancy threatens the woman's life or health, or if it results from rape or incest. Illegally performing or undergoing an abortion can lead to life imprisonment. This restrictive law contributes to high maternal mortality rates due to unsafe abortions
2. Customary Law Disparities
Under customary law, women often face greater legal disadvantages compared to civil law. They may have limited rights in marriage, property ownership, and inheritance, and are subject to their husband's authority. These disparities persist despite constitutional guarantees of equality
3. Access to Justice
While legal reforms have been enacted, challenges remain in ensuring that women are aware of their rights and have access to legal resources. Cultural norms and economic barriers can impede women's ability to seek justice and exercise their legal rights.
🧭 Conclusion
Eswatini has made notable strides in advancing women's rights through legal reforms, particularly in abolishing discriminatory marital laws and addressing gender-based violenceHowever, ongoing challenges related to restrictive abortion laws, customary legal practices, and access to justice highlight the need for continued efforts to achieve full gender equality
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