Submitted by: Catherine Kemp, Associate Professor, Dept. of Philosophy, John Jay College of Criminal Justice
Click to read online: Witchcraft: A Human Rights Conflict Between Customary/Traditional Laws and the Legal Protection of Women in Contemporary Sub-Saharan Africa
This article addresses the legal implications for women, particularly older women, in contemporary sub-Saharan Africa. Part I explores the foundation for the belief in witchcraft and witchcraft’s place in and effect on the social ordering within communities in sub-Saharan Africa. Part II examines the clash of customary/traditional laws against state legal systems, mostly common and civil law traditions. Witchcraft historically fell under the jurisdiction of customary/traditional legal systems,’and, today, accused witches in sub-Saharan Africa have no specific legal or human rights protections under most state constitutions.’ State action is enough to protect these women, or whether specific rights are being violated under state laws. Part III follows with an analysis of various international treaties, principles, and norms and explores international law and human rights standards that could or should arguably protect this victimized class of women in contemporary sub-Saharan Africa
This is a library resource and can be accessed using the John Jay login credentials. This article is from the William & Mary Journal of Women & the Law.; Winter 2011, Vol. 17 Issue 2, p475-507,

