Human Rights-Based Approaches to Development: Justice and Legal Fiction in Africa

Abstract

Human rights-based approaches (HRBAs) to development have led to the expansion of laws protecting women's rights. Nevertheless, most women still do not have access to justice. This article explores family law reform in Africa and argues that establishing “African ownership” of law contributes to the effectiveness and legitimacy of such laws. It argues for a mixed strategy that combines local and international tools to lead to more effective protection of women's rights. Regional alliances that led to the adoption of the Protocol to the African Charter for Human and People's Rights on the Rights of Women in Africa served to legitimize this Protocol over other international treaties. It also examines how paralegals are a bridge between local and international norms and, as such, they are an important mechanism for more effective HRBAs to development.