This paper proposes that in developing jurisprudence on women’s rights,
the African Commission will need to ask the woman question, particularly the
African woman question. The woman question requires a judicial or quasi-judicial
body to always put woman at the centre of any decision with a view to addressing
the historically disadvantaged position of women in society. Asking the African
woman question means examining how the peculiar experiences of African women
have been ignored by laws rooted in patriarchy across the region. Although the
Commission has handled few cases directly dealing with women’s rights, the paper
suggests that the Commission can draw inspiration from decisions of other regional
and international human rights bodies such as the European Court on Human Rights
and the Committee on Elimination of All Forms of Discrimination against Women
(CEDAW Committee) on how to ask the woman question. The paper recommends
that in line with feminist reasoning, there is a need for the African Commission to
develop a consistent gender-sensitive approach in dealing with cases that may have
implications for women. In essence, the African Commission must ask the African
woman question when dealing with cases on the enjoyment of women’s fundamental
rights.
Keywords Afric

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• The African Commission on Human and People’s Rights and the woman question