The Constitution of Côte d’Ivoire prohibits discrimination on the basis of sex, and government policy encourages full participation by women in social and economic life. Nevertheless, Ivorian women remain confined to traditional roles, especially in rural areas.
Women in Côte d’Ivoire have a moderate degree of legal protection with regards to family matters. The state recognises only marriages that are performed by a registry, and the law prohibits the payment and the acceptance of a bride-price. Legislation regarding the age of marriage is quite strict: the law forbids the marriage of men under the age of 20, of women under the age of 18, and of any persons under the age of 21 without parental consent. Still, the incidence of early marriage is very high. A 2004 United Nations report estimated that 25 per cent of girls between 15 and 19 were married, divorced or widowed. The Demographic and Health Survey suggests that this figure should be even higher: it reports that 44 per cent of women now between 25 and 29 years were married before the age of 18. Traditional marriages with girls as young as 14 years of age remain common in the conservative northern communities. On a national scale, some 15 per cent of girls are already married at age 15.
Polygamy was abolished by the Civil Code in 1964, and is now punishable by a fine of CFA 50 000 to CFA 500 000 (USD 80 to USD 800) or by six months to three years imprisonment. Under transitional provisions, the law does recognise polygamous marriages that were entered into prior to 1964.
Parental authority is legally the right of fathers, who are regarded as the heads of households and have sole paternal rights over their children. In case of divorce, custody of the children is generally awarded to the spouse who obtained the divorce.
The system of inheritance rights is somewhat unusual. In the case of a spouse’s death (either husband or wife), the surviving spouse ranks fifth among those eligible to inherit — and is excluded from inheritance if the couple had children. Children and their descendants, regardless of gender, can inherit from parents, grandparents or other relatives. Rural communities tend to apply their own customs regarding inheritance. However, if the persons involved take their dispute to the court, the courts will rule according to the country’s civil law.
Laws protecting the physical integrity of women in Côte d’Ivoire are quite weak. Violence against women, including spousal abuse (usually wife beating) occurs frequently and is not specifically penalised. Domestic violence is regarded as a family problem with severe social stigmas attached: women are often shamed for their presumed “bad behaviour and need of correction”. A study undertaken by the Ivorian Association for the Defense of Women (AIDF) reported that 90 per cent of the interviewees had experienced violence in the home.
The law prohibits rape and imposes prison terms of five to ten years. The government appears to enforce this law where possible. Nonetheless, according to Human Rights Watch, both pro-government and rebel forces in Côte d’Ivoire have subjected thousands of women and girls to rape and other brutal sexual assaults with impunity. The law does not recognise spousal rape: by marrying, women are presumed to have consented to sexual intercourse, even if the union was at an early age and/or forced.
Legislation introduced in 1998 made it illegal to practise female genital mutilation (FGM) in Côte d’Ivoire and established criminal penalties — imprisonment for up to five years and/or fines —for those who perform the act. Still, the practice remains common, especially among the rural population in the north and in the west. According to the World Health Organization (WHO) and the AIDF, as much as 60 per cent of the female population has undergone FGM.
In turn, UNICEF estimates that 45 per cent of women aged 15 to 49 have undergone some form of FGM, a slight increase from 43 per cent in 1994. The incidence varies significantly according to religion, ethnicity, region and educational status: FGM is most prevalent among Muslim women (78 per cent) and least prevalent among Catholic (19 per cent) and Protestant women (13 per cent). Support for the practice is higher among rural and less-educated women than among those living in urban areas and having a higher level of education.
The population sex ratio in Côte d’Ivoire has been stable for the past 50 years, suggesting that it is not a country of concern in relation to missing women.
Ivorian women and men have equal ownership rights. There is no gender discrimination regarding access to land. However, it should be noted that according to an act adopted in 1998, all rural land (developed or not) is state-owned and, thus, inaccessible to both men and women. Both genders have equal access to usufruct of rural land, which can be transferred by one of five means: purchase; inheritance; donation among living people; intestate succession; or through bonds.
Legally, there is no gender discrimination regarding access to property other than land. This right is, however, limited under the option of “marriage with community of property” which considers husbands to be the head of the household and gives them the authority to manage assets.
Access to bank loans is difficult for women, not because of legal discrimination but because of their situation. Very often, they are unable to meet the lending criteria established by banks, such as a title to a house and production of a profitable cash crop. Some banks also require married women to secure their husband’s approval for loans.
Legally, women in Côte d’Ivoire have civil liberty. However, years of civil war have affected freedom of movement for the entire population. It should be noted that women comprise 52 per cent of the nation’s internally displaced people.
Women have freedom of dress. There are no provisions for or against women who choose to wear a veil.
AFP (Agence France-Presse) (1998), Dépêche 4 June 1998.
Afrol News (n.d.), Gender Profile: Côte d’Ivoire, www.afrol.com/Categories/Women/profiles/civ_women.htm.
Center for Reproductive Rights (2003), Women of the World: Laws and Policies Affecting Their Reproductive Lives – Francophone Africa, Center for Reproductive Law and Policy, New York, NY.
ECOSOC (United Nations Economic and Social Council) (2003), Integration of the Human Rights of Women and the Gender perspective: Violence Against Women, E/CN.4/2003/75/Add.1, UN, New York, NY.
Human Rights Watch (2007), My Heart is Cut: Sexual Violence by Rebels and Pro-Government Forces in Côte d’Ivoire, Vol. 19, No.11, Human Rights Watch, New York, NY.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UNICEF (United Nations Children’s Fund) (2005), Early Marriage: A Harmful Traditional Practice, UNICEF, New York, NY.
UNICEF (2005), Côte d’Ivoire: FGM Country Profile, www.childinfo.org/areas/fgmc/profiles/CotedIvoire/CotedIvoire%20FGC%20profile%20English.pdf, UNICEF, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Cote d’Ivoire, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
