The Constitution of Madagascar prohibits any discrimination on grounds of gender and grants women the same legal status as men. In practice, discrimination still exists in relation to inheriting land and property and, in some regions, women have difficulties accessing land. Early marriage is common and there is widespread violence against women.
Madagascar’s Family Code offers only a low level of protection for women in relation to family matters. The legal minimum age for marriage is 14 years for women and 17 years for men. A woman’s consent to marry is required once she is over the age of 18, but the parents’ agreement suffices for younger women. Early marriage is common and, in some provinces, very widespread. A 2004 United Nations report estimated that 34 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is prohibited by law in Madagascar, and is punishable by imprisonment. It still persists in some regions, but only among a small proportion of the population.
The Family Code states that the father is the head of the family and is entitled to exercise parental authority. In effect, men have more power than women to make decisions affecting their children.
The law on inheritance stipulates that widows with children inherit half of the couple’s joint property. If the family is childless, the inheritance rights of surviving relatives in the husband’s family take precedence over those of the widow. Inequalities prevail in regard to women’s rights to inherit land and property.
The physical integrity of women is not sufficiently protected in Madagascar. Violence against women is a major problem. If a man murders his wife because she has been caught committing adultery, the crime is considered “excusable” and is only punishable by one to five years in prison.
The police and other authorities generally intervene in cases of domestic violence, but only if the victim lodges a complaint – and most do not. Women who are physically abused by their husbands can exercise a traditional Malagasy right, the misintaka, which allows them to leave the marital home without their husband’s permission and return to their family. Before a violent husband can bring his wife home, he must go to her family’s house and offer her a donation, known as a fampodiana.
Female genital mutilation is not a common practice in Madagascar.
There is no evidence to suggest that Madagascar is a country of concern in relation to missing women. In the Mananjary region, however, twins of both sexes are frequently rejected or abandoned as giving birth to twins is traditionally seen as something evil.
The law in Madagascar upholds women’s rights to ownership and there are no legal restrictions on women’s access to land. Patriarchal traditions, however, impede women’s ability to exercise ownership rights in some regions. For example, on the island’s east coast, women have the right to use land, but not to own it. The law guarantees women’s access to property other than land. They can manage their own property without their husband’s agreement, whether it was acquired before or during the marriage. Generally, both spouses have equal access to property acquired during the marriage, but the husband typically manages the couple’s joint property. Couples can opt for the traditional system known as Kitay delo an-dalana, which gives two-thirds of the property to the husband and one-third to the wife, or keep their property separate.
Women have access to bank loans without their husband’s permission. There is relatively little social discrimination against women in urban areas; many of them own and operate their own businesses, or occupy senior positions in companies.
The civil liberties of women in Madagascar are well respected and women appear to have freedom of movement and freedom of dress.
CCPR (Covenant on Civil and Political Rights) (2007), Examen des rapports présentés par les Etats parties en application de l’article 40 du pacte, Observations finales du comité des droits de l’homme, CCPR/C/MDG/CO/3, UN, New York, NY.
CEDAW (Committee on the Elimination of Discrimination against Women) (1994), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Madagascar, Initial Report of States Parties, CEDAW/C/5/ADD 65/rev 2, CEDAW, New York, NY.
CRC (Committee on the Rights of the Child) (2003), Examen des rapports présentés par les Etats parties en application de l’article 44 de la convention, Observations finales du comité des droits de l’enfant: Madagascar, CRC/C/15/Add.218, CRC, New York, NY.
Droy, I. and J. Dubois (2002), “Gender Inequality in Rural Madagascar: a Constraint to the Development of Women’s Capabilities”, Gender Mainstreaming in Poverty Eradication and the MDGs, IDRC Books Online, www.idrc.ca.
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IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Madagascar, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 10 October 2007.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
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US Department of State (2007a), Country Reports on Human Rights Practices: Madagascar, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
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