In January 2016, the African Union adopted a new Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Older Persons in Africa. The protocol is now open for
ratification. It reinforces shared regional values on older people’s equal rights, creating
new legally binding standards on the rights of older people. Article 4 of the Protocol on the
Rights of Older Persons requires that states parties “ensure the provision of legal
assistance to Older Persons in order to protect their rights.”117 The protocol calls for states
parties to:
Put in place legislation and other measures that guarantee protection of
older women against abuses related to property and land rights; and adopt
appropriate legislation to protect the right of inheritance of older women.118
It also states that “all necessary measures should be taken to eliminate harmful traditional
practices affecting older persons.”119 Through this protocol, the African Union recognizes
the importance of older people’s enjoyment of human rights on an equal basis as others.
Zimbabwe has also made political commitments to gender equality by signing the
Southern Africa Development Community’s Protocol on Gender and Development, which
aims to “eliminate discrimination and to achieve gender equality and equity through the
development and implementation of gender responsive legislation, policies, programmes
and projects.”120 This protocol also refers to widows’ rights, including to inheritance, and
calls for registration of all marriages.121
UN Standards on the Rights of Widows
Most older people in the world are women, and many of these are widows. There is no
specific age at which a person becomes old. International human rights law clearly
117 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa, adopted by the 26th
Ordinary Session of the Assembly of the Union, Addis Ababa, 31 January 2016, art. 4.2.
118 Ibid., art. 9.
119 Ibid., art. 8.
120 See, Southern Africa Development Community, “Protocol on Gender and Development,” 2008,
http://www.sadc.int/documents-publications/show/Protocol_on_Gender_and_Development_2008.pdf (accessed July 28,
2016).
121 Protocol to the African Charter on Human Rights and Peoples’ Rights on the Rights of Older Persons in Africa,
arts. 8 and 10.
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