The situation of women in Senegal has improved since the country became independent in 1960. Being a former colony, Senegal’s judicial system and civil codes are heavily influenced by those in France. A wide gap is evident between the situation of women in urban areas, where the law is generally respected, and those in rural areas still dominated by tradition.
The Senegalese Family Code grants women very few rights in relation to family matters. The minimum legal age for marriage is 16 years for women and 18 years for men. Marriage is a symbol of high social position in Senegal, and women under the age of 19 years (or under 16 years in rural areas) typically have difficulty refusing a husband chosen by their family. This explains the high incidence of early marriage. A 2004 United Nations report estimated that 29 per cent of girls between 15 and 19 years of age were married, divorced or widowed. Women in towns, particularly young women who are educated, are increasingly marrying at a later age. This is a trend the government encourages.
Civil marriage is common in urban areas as it is a prerequisite to receiving family benefits. Rural households do not receive such benefits and many couples opt for a religious service rather than a civil ceremony.
Polygamy is legal in Senegal and is practised in about half of families. Before entering into civil marriage, the husband must state whether it will be monogamous or polygamous and his choice is final. Many men prefer polygamy because taking a second wife is easier than obtaining a divorce.
The Senegalese Family Code grants parental authority solely to the father, who handles administrative procedures affecting his children, chooses the family’s place of residence and receives family allowances. The number of households headed by women is increasing, which is likely to lead to a revision of this legislation.
In the event of divorce, the issue of child custody is contingent on the type of marriage. For civil marriages, the spouses must obtain a judicial divorce (this type of divorce rarely occurs outside urban areas); the court often grants custody to the mother while requiring the father to participate in their upkeep. If the couple opted for a religious marriage, the father is not obliged to pay child support and can apply for custody of children older than 8 or 10 years.
There are two forms of inheritance in Senegal. Common law inheritance is favourable to widows and daughters, granting them the same rights as sons. By contrast, Muslim law favours men.
The government recently took measures to better defend the physical integrity of women in Senegal, but much more remains to be done. Even though the 1999 Penal Law establishes punishments for violence against women, either by a fine and possible prison sentence, domestic violence is frequent and widely accepted. Until recently, such violence was a taboo subject; the first time a man was prosecuted for beating his wife to death was in 1993. The United Nations, international organisations and various NGOs have campaigned for an end to violence against women, but a wide gulf persists between the legislative advances and traditional social attitudes.
Female genital mutilation (FGM) has been curbed by the 1999 Penal Code, which has been upheld by judicial proceedings. It is still widely practised, however, and is more common among Muslims and some other ethnic groups than among Christians. The government recently adopted a plan to bring an end to the practice by 2015, and is undertaking public information initiatives aimed at all segments of society. The custom of subjecting women to FGM is becoming less popular as the population becomes more educated and incomes increase, and the number of mutilations is expected to decrease. About one-quarter of women who underwent FGM say they have no intention of subjecting their daughters to the practice.
There is no evidence to indicate that Senegal is a country of concern in relation to missing women.
Senegalese law grants equal property ownership rights to men and women. Women are legally entitled to access to land, but tradition makes it impossible for them to inherit land. Similarly, women may be in a financial position to have access to property other than land, but their husbands can restrict their ability to exercise this right.
Senegalese law stipulates that women and men should have equal access to bank loans, but in reality women often struggle to obtain loans.
Women’s civil liberties appear to be well respected in Senegal. There are no reported restrictions to women’s freedom of movement or freedom of dress.
Afrol News (n.d.), Gender Profile: Senegal, www.afrol.com/Categories/Women/profiles/senegal_women.htm.
CIDA (Canadian International Development Agency) (2001), Gender Profile: Senegal, CIDA, Gatineau, QC.
Center for Reproductive Laws and Policy (2001), Women’s Reproductive Rights in Senegal: A Shadow Report, Center for Reproductive Laws and Policy, New York, NY.
Dial, F. (2001), Divorce, source de promotion pour les femmes? L’exemple des femmes divorcées de Dakar et Saint-Louis, « Colloque international Genre, population et développement en Afrique », Abidjan.
Ndiaye, S. et M. Ayad (2006), Enquête Démographique et de Santé au Sénégal 2005, Centre de Recher¬che pour le Développement Humain, Sénégal, et ORC Macro, Calverton, MD.
République du Sénégal (2003), Le système légal, Dakar.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2004), Country Reports on Human Rights Practices: Senegal, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
WiLDAF (FeDDAF) (Women in Law and Development in Africa) (2004), Situation des femmes au Sénégal, WiLDAF, Lomé.
