Harmful Practices: An Obstacle in the Realisation of Women’s Rights in Tanzania

Abstract

This article considers harmful practices in Tanzania that violate women’s rights. Most provisions of international human rights treaties that focus primarily on women in Tanzania have not been adequately incorporated into national legislation. Efforts to implement such international treaties are often met with suspicion or hostility from the communities owing to a prevalent patriarchal system and its accompanying customs. Women are systematically being denied their rights to autonomy, health and education with the excuse of ‘harmful practices.’ Although the universality of human rights norms and the right to enjoy one’s own culture and respect for cultural diversity have been challenged, it is undeniable that, whenever a state enters into an agreement with the intention of being governed by international law, that state has a legal obligation to comply with such international law or treaty. This article seeks to explore aspects of existing cultural practices and traditions that need to be abolished to conform to the provisions of international law. It is argued that traditional and cultural practices should adhere to the values of equality and women’s rights and that a strong legal framework is essential for addressing harmful practices.

Human rights-based approach to development in Tanzania: a myth or realisable prospect?

“…Human rights are moral principles or norms meant to protect every person from severe political, legal, and social abuses of their inalienable rights. Such rights are regularly considered inalienable fundamental rights to which all human beings are inherently ordained or certified at birth regardless of skin colour, sex, religion, kin, ethnic orientation, nationality, or any other status (Msuya, 2017). Human rights are considered universal and therefore deemed applicable in an egalitarian manner all over the world.…”

“…In this regard, International human rights instruments, which are ratified by common law countries are yet to be incorporated into their domestic legislation and are only used as a reference for interpreting their constitutions. (Msuya, 2017) Therefore, courts, in common law countries are supposed to use international treaties, as interpretative tools for establishing their congruence with their Constitution and merit for application by such authorities (Killlender, 2010). It is undeniable that, when a state willingly adheres to international law, it commits itself to complying with the relevant laws.…”

“…Consequently, the process of incorporating and legalising a particular agreement imposes a distinct obligation beyond that established by non-legal agreements. This special obligation is commonly encapsulated by the principle of pacta sunt servanda 1 (Msuya, 2017). Conventional international law theory contends that legalisation augments compliance by enhancing the normative strong point of an agreement and, therefore, the party's sense of obligation.…”

Perspective Chapter: University Entrants’ Moral Ethics at Crossroads – Students’ Behavioral Management Perspective amid Globalization

“…Though the compliance may not be ethically conclusive, it would at least set conditions for coordinated work to achieve the goals of education. Some ethical questions, such as questions on racial and gender equality [11], and sexual discrimination and prohibitions rooted in cultural beliefs and cemented by laws [23] among others, would be resolved with regard to the rationalized values. The problem with globalization is the channeling of influential cultural perspectives, which must be applied by others in response to the demands of human rights activists, legal workers, and advocates of equity and inclusion against public sentiments withholding what is right in traditional opinions.…”

“…Some changes seem to be viable and inevitable, such as actions to equate and equalize gender roles and economic freedom, but those that seem threatening to indigenous cultures, such as sexual orientations and racial prioritization, have received opposition and prohibitions in SSA countries. Cross presents that some HLIs have run under the existence of unethical conduct, while pretending to neutralize and fight them, while Msuya warns that the female gender is highly affected negatively in such circumstances [11,23].…”