Exploring the potential of the dominance feminist approach in interpreting socio-economic rights in the Maputo Protocol

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 socio-economic 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.