In 2009, the DEME SO Legal Clinic developed a support project for promoting the ESC rights of women and grassroots women’s groups in the Malian rural town of Bancoumana.
As part of this project, a consultant was appointed to draft a module on women’s economic, social and cultural rights. The aim of this clear and concise module was to make the ESC rights language accessible to the target groups so as to facilitate their understanding.
Training module on women’s economic, social and cultural rights
Women’s economic, social and cultural rights are recognized by various national texts and international instruments.
The knowledge thereof contributes to the endogenous development of our societies as people need to be aware of their rights before being able to claim them and demand their enforceability from the authorities in charge of our countries’ destiny.
The Malian national policy works towards taking into account women’s specific needs. The creation of a legal arsenal in favor of the realization of women’s economic, social and cultural rights was considered.
Yet we need ot admit that despite a favorable legislation, the most part of our population remains ignorant of these rights, especially women as the first victims of illiteracy.
That is why the present module on women’s economic, social and cultural rights was created, so as to inform, educate and raise the awareness of the target groups (women) in our areas of intervention.
So here is a list of women’s economic, social and cultural rights:
Act No. 92020 of 23 September 1992 to issue Labor Code
The access to work
Not only this law recognizes the equality between men and women regarding the access to work and salary, but it goes even further as it gives women specific rights in consideration of their physiological conditions.
The article 4 says: “Every citizen is guaranteed the right to work and training”, as for remuneration, the principle of equal wages for equal work is enshrined in article 95.
The access to education
The right to education is recognized for all citizens in article 18 of the constitution and is re-stated in all the legislative texts and regulations governing education in the Malian Republic.
The right to health
The right to health is enshrined in article 18 of the constitution. It is supported in practice by health programs specifically designed for women and children (vaccination programs, maternal and child care and health, family planning).
Freedom of trade
The article 14 of the 1992 constitution enounces the principle of free enterprise, under the conditions provided for in the laws and regulations in vigor.
A woman taking part in her husband’s business does not have the status of trader: she does only if she engages in commercial activity on her own.
It is said in the OHADA Uniform Act Relating to General Commercial Law that: “The spouse of a trader shall not have the status of trader unless he or she carries out the transactions [...] as a regular occupation and separately from those of his or her spouse.”
The access to land
In the land code, there is no discrimination between men and women regarding the access to land. All lands belong to the State and every citizen without distinction of sex may make a request for land with a view to obtaining land property in accordance with the procedures provided for in the land code.
Women and succession
There is no code of succession yet in Mali.
Succession relies on customary law. Women have the right to inherit a share of the estate.
Women and pension
Order No. 79-07/CMLN of 18 January 1979 on the pension plan for Malian civil servants provides for the conditions of a pension.
Women have a right to an old-age, disability and proportional pension.
Women and participation in cultural life
Women have the right to take part in the cultural life of their country and to leisure.
Women and social security
Under Act No. 62-68/ANRM of 9 August 1962 containing the Social Welfare Code and Decree No. 95-409/P-RM of 15 November 1995 containing the increase of family allowances, all salaried female employees shall benefit from family allowances.
Family allowances aim at ensuring the improvement of children’s living conditions and education.
The system of family allowances includes:
- The first establishment allowance
- Prenatal allowances
- Maternity allowances
- Daily benefits for salaried women in a state of pregnancy
Besides family allowances, the following systems also benefit women:
- Protection against sickness
- Prevention of, and compensation for occupational injuries or sickness
- Retirement, disability and survivors’ allowances
Women’s promotion has always been a priority on national scale
A national policy thus represents a certain commitment from the authorities to remedy the identified weaknesses and insufficiencies, with a view to effectively improving women’s situation in Mali.
