Draft The Gambia Analysis
Analysis of the Legal and Policy Framework of The Gambia on Sexual and Reproductive Health and Rights, Education for Girls and Women Empowerment, and Gender Equality and Social Protection
I. Sexual and Reproductive Health and Rights (SRHR)
Family Planning and Contraception Access
Strengths:
The Women's Act 2010 grants every woman the right to health, including health care services related to family planning.
Women have the right to take decisions about their health needs and to determine processes concerning reproduction in their body in accordance with international best practices.
The Persons with Disabilities Act 2021 ensures that public or Government health facilities provide persons with disabilities access to health services, including reproductive health and family planning.
The National Youth Policy 2019-2028 recommends the introduction of sexual and reproductive health education in all schools.
Gaps and Challenges:
The compendium does not explicitly state whether laws or guidelines exist that restrict or prohibit specific contraceptives, including emergency contraception.
It is not specified if family planning and contraception commodities are included in a national Essential Drug List.
There is no clear information on whether national policies limit access to contraception for adolescent girls specifically, unmarried women, or postpartum women beyond the general right to family planning services.
The compendium does not detail any third-party consent requirements (e.g., spousal or parental consent) for family planning services.
It is not explicitly stated whether family planning services are free at the point of care for women of reproductive age in the public sector.
There is no specific mention of family planning services being accessible through community outreach points without visiting public health facilities.
It is not confirmed if contraceptives are included in national health insurance or social security coverage free of charge.
Opportunities:
Leverage the existing Women's Act 2010 and the National Youth Policy's recommendation for SRH education to develop clear guidelines ensuring access to a full range of contraceptives for all, including adolescents and unmarried women, without restrictive consent requirements.
Advocate for the inclusion of family planning commodities in the national Essential Drug List and for their provision free of charge, potentially integrating them into national health insurance schemes.
Expand community-based distribution channels for family planning services to improve accessibility, particularly in rural and underserved areas.
Abortion Services and Post-Abortion Care
Strengths:
The Women's Act 2010 states that every woman has the right to enjoy reproductive rights, including the right to medical abortion where the continued pregnancy endangers the life of the mother or the life of the fetus.
The Act stipulates that medical abortion shall not be carried out without confirmation by a registered medical practitioner with expertise and requires appropriate referral if facilities are unavailable.
If a woman is unable to afford medical expenses for a legally indicated abortion, the Government is mandated to bear the cost.
The Criminal Code stipulates that an act causing the death of a child before it has an existence independent of its mother is not an offence if done in good faith for the purpose only of preserving the life of the mother.
Gaps and Challenges:
The grounds for legal abortion are restrictive, limited to saving the life of the woman or the fetus, and preserving the mother's life. This does not align with the Maputo Protocol's broader list of exceptions (e.g., rape, incest, fetal anomaly, or threat to physical and/or mental health).
The compendium does not specify gestational limits or certification requirements associated with abortion access beyond confirmation by a registered medical practitioner.
There is no information on whether contraception and family planning services are integrated into post-abortion care.
While the government covers costs for legally indicated abortions for those who cannot afford it, there is no mention of broader insurance or financial support for abortion care beyond these specific circumstances.
The compendium does not address conscientious objection for abortion services or penalties for unauthorized abortion procedures.
Opportunities:
Advocate for legal reforms to broaden the grounds for abortion to align with the Maputo Protocol, which The Gambia has ratified.
Develop clear guidelines on gestational limits and certification requirements to ensure clarity and access where abortion is legal.
Integrate comprehensive post-abortion care, including family planning counseling and services, into the healthcare system.
Establish clear policies on conscientious objection that include mandatory referral to ensure women's timely access to care, and define penalties for unauthorized abortions to deter unsafe practices.
High Fertility Rates and Short Pregnancy Spacing
Strengths:
The Women's Act 2010 supports women's right to health services related to family planning and their right to make decisions about reproduction, which are foundational for addressing birth spacing.
The National Youth Policy 2019-2028 advocates for sexual and reproductive health education in schools, which can inform on birth spacing.
Gaps and Challenges:
The compendium does not specifically mention policies directly promoting birth spacing or educational programs explicitly informing women and adolescent girls about birth spacing for maternal health, although general family planning rights are covered.
Addressing high fertility rates often requires a multi-faceted approach beyond legal texts, including socio-economic factors not detailed in the compendium.
Opportunities:
Develop and implement specific policies and public health campaigns that actively promote healthy birth spacing and provide targeted information on its benefits for maternal and child health.
Strengthen educational programs on family planning, ensuring they comprehensively cover birth spacing, and reach women and adolescent girls effectively.
Adolescent and Youth Reproductive Health
Strengths:
The National Youth Policy 2019-2028 recommends the introduction of sexual and reproductive health education in all schools.
The Children's Act 2005 grants every child the right to enjoy the best attainable state of physical and mental health.
The National Youth Council Act 2000 establishes a council to coordinate youth policies and programs, which could include SRH services.
Gaps and Challenges:
The compendium does not confirm the existence of national standards specifically for the delivery of youth-responsive health services free from restrictive requirements such as third-party consent.
While the National Youth Policy recommends SRH education, the compendium does not detail how comprehensively or effectively this is integrated into school curricula (e.g., age-appropriateness, scientific accuracy, comprehensiveness aligning with international standards).
There is no explicit confirmation of an operational adolescent (10-19 years) health program with national coverage, though the National Youth Council exists.
Opportunities:
Develop and implement national standards for youth-responsive SRH services, ensuring they are accessible, confidential, and free from third-party consent requirements.
Ensure that the SRH education integrated into school curricula, as recommended by the National Youth Policy, is comprehensive, curriculum-based, age-appropriate, scientifically accurate, and aligned with international standards.
Strengthen or establish an operational adolescent health program with national coverage, leveraging the National Youth Council for coordination and outreach.
Maternal Health and Support Services
Strengths:
The Women's Act 2010 ensures every woman's right to health and health care services, including appropriate services in connection with pregnancy, confinement, and the post-partum period, with free services where necessary, as well as adequate nutrition during pregnancy and lactation.
The Labour Act 2023 provides for six months of maternity leave with pay for female employees and prohibits the dismissal of a female employee during her absence on maternity leave. It also allows for periodic time off for antenatal care.
The Criminal Code provides that a death sentence shall not be carried out on a pregnant or nursing woman.
The Children's Act 2005 provides that a court, on sentencing an expectant or a nursing mother, should consider a non-institutional sentence as an alternative to imprisonment. If institutional sentence is mandatory, they shall be held in an appropriate designated center, and not for longer than the time the child would have attained six years.
Gaps and Challenges:
The compendium does not explicitly state whether maternal health services such as prenatal, delivery, and postnatal care are legally mandated beyond the general right to health services during pregnancy and confinement outlined in the Women's Act.
There are no specific guidelines mentioned that address the unique needs of adolescent mothers within maternal health services, although general protection for children and young women exists.
Opportunities:
Develop and legally mandate comprehensive maternal health services, including prenatal, delivery, and postnatal care, ensuring they are accessible and of high quality for all women.
Create specific guidelines within maternal health services to address the unique physiological, psychological, and social needs of adolescent mothers.
II. Education for Girls and Women Empowerment
Right to Education and Accessibility
Strengths:
The 1997 Constitution states that all persons shall have the right to equal educational opportunities and facilities, with basic education being free, compulsory, and available to all[cite: 29]. Secondary and higher education are to be made generally available and accessible, with progressive introduction of free education.
The Women's Act 2010 states every woman has the right to basic education and training for self-development. It also mandates that for education placement and school enrolment, including scholarships, a minimum of fifty percent is reserved for women among eligible candidates.
The Children's Act 2005 affirms every child's right to free and compulsory basic education, making it a duty of the Government to provide it and a duty of parents/guardians to ensure attendance.
The Basic and Secondary Education Act 2018 states a child shall not be refused admission to any school solely on account of his or her religious creed, race or class.
The National Youth Policy 2019-2028 recommends the provision of financial assistance to needy students, particularly female youth, and calls for the enforcement of enrolment and retention of girls in schools.
The Persons with Disabilities Act 2021 affirms the right of persons with disabilities to education in inclusive settings and mandates that every child with a disability has equal rights to admission to mainstream schools. It also commits to not less than 10% of all educational expenditure to the educational needs of persons with disabilities.
Gaps and Challenges:
While financial support is recommended by policy, the compendium does not detail specific, legally mandated financial support or subsidy policies aimed at improving girls' access to education, beyond the general provision for free basic education.
There is no explicit mention of policies ensuring schools are safe and conducive for girls, including WASH services to promote menstrual health, although the Policy Guidelines and Regulations on Sexual Misconduct and Harassment in Gambian Educational Institutions aim to make the educational system a ‘safe and supportive learning environment’.
Opportunities:
Translate the National Youth Policy's recommendation for financial assistance for female students into legally binding commitments and specific programs.
Develop and implement specific national policies to ensure all schools are safe and girl-friendly, including provisions for adequate WASH facilities that support menstrual health management, building on the existing Policy Guidelines on Sexual Misconduct.
Re-entry Policies for Pregnant Girls, Young Mothers, and Child Brides
Strengths:
The Women’s Act 2010 stipulates that a girl-child student who becomes pregnant shall not be expelled from school but allowed to be absent during her pregnancy and afforded the opportunity to return to school upon delivery.
The Policy Guidelines and Regulations on Sexual Misconduct and Harassment in Gambian Educational Institutions state that schools will continue to accommodate betrothed and married girls until their marriages are consummated, after which they would be required to further their education outside the regular formal school system.
The Labour Act 2023 provides for six months of maternity leave with pay, which could indirectly support young mothers in professional settings to manage childcare while potentially continuing education or training.
Gaps and Challenges:
While re-entry for pregnant girls is supported, the provision for married girls to continue education outside the formal system after consummation of marriage could be a barrier to continued formal schooling.
The compendium does not mention specific maternity leave policies for adolescent mothers
in school settings
to facilitate their continued education.
Support services specifically for girls who are already married to continue their education are not detailed beyond the general provision in the policy guidelines.
Opportunities:
Review and amend policies to ensure that married girls, including child brides, have clear pathways and support to continue their formal education without being required to leave the regular school system.
Develop and implement specific in-school support mechanisms and maternity leave policies for pregnant students and young mothers to facilitate their uninterrupted education, building on the spirit of the Women's Act.
Create targeted educational and support programs for married girls to ensure they can complete their education and are aware of their rights.
SRHR Education and Empowerment Programs
Strengths:
The National Youth Policy 2019-2028 recommends the introduction of sexual and reproductive health education in all schools, especially for female students. It also recommends revising curricula to include life skills training and good citizenship.
The Policy also advocates for the promotion of gender-sensitive curricula in schools and programs aimed at ending gender-based discrimination and promoting the rights and dignity of female youth.
Gaps and Challenges:
While recommended, the compendium does not confirm if SRHR education is
mandated
in the school curriculum and whether it is consistently implemented to be age-appropriate, culturally sensitive, and inclusive of topics like reproductive health, family planning, and rights.
There is no specific mention of educational programs aimed at empowering girls in decision-making regarding health and personal rights, beyond general life skills training mentioned in the National Youth Policy.
The compendium does not explicitly state whether educational programs educate girls on their rights to be free from harmful practices such as child marriage and FGM, although the National Youth Policy aims to eliminate harmful traditional practices affecting female youth.
The inclusion of skills for participation in economic and political spheres is not detailed in the context of SRHR education programs.
There is no mention of peer education programs in the compendium.
Opportunities:
Mandate and implement comprehensive, age-appropriate, and culturally sensitive SRHR education in all school curricula, ensuring it covers reproductive health, family planning, rights, and the harms of FGM and child marriage, aligning with the National Youth Policy.
Develop and integrate specific modules into educational programs that focus on empowering girls in decision-making concerning their health, personal rights, and bodily autonomy, including skills for economic and political participation.
Introduce and scale up peer education programs as a tool for delivering SRHR information and services, fostering youth participation.
Formal Economic and Political Participation
Strengths:
The 1997 Constitution states that women shall be accorded full and equal dignity with men and have the right to equal treatment, including equal opportunities in political, economic, and social activities. It also mandates that in the composition of Government, women shall be fairly represented and the State shall endeavour to ensure equal opportunity and full participation for women in economic development.
The Women’s Act 2010 upholds women's equal rights to conclude contracts and administer property. It mandates temporary special measures, requiring public institutions to reserve a minimum of 30% of all offices, positions, and appointments for eligible women. It also ensures women's right to work with the same employment opportunities and criteria as men, free choice of profession and employment, and equal remuneration.
The Gambian Women Enterprise Fund Act 2020 was enacted to create, promote, and grow women enterprises and create self-employment for women, with eligibility open to female youth groups, women’s groups, and women with disabilities.
The Labour Act 2023 promotes equality of opportunity in employment to eliminate discrimination and mandates equal remuneration for work of equal value. It also prohibits discrimination on various grounds including gender and pregnancy in recruitment, training, promotion, and terms of employment.
Gaps and Challenges:
Despite legal guarantees, societal and cultural norms may still impede women's full participation in formal economic and political spheres.
While the Women's Enterprise Fund Act provides access to loans, broader systemic challenges for women entrepreneurs (e.g., access to markets, training, and networks) may persist.
The effectiveness of the 30% quota for women in public and political offices depends on its consistent implementation and monitoring.
Opportunities:
Strengthen the implementation and monitoring of the 30% quota for women in political and public offices as mandated by the Women's Act 2010.
Expand support measures for women's participation in the formal economy, including enhanced access to credit beyond the Women's Enterprise Fund, business development training, and mentorship programs.
Conduct public awareness campaigns to challenge discriminatory social norms and promote women's leadership in economic and political life.
III. Gender Equality and Social Protection
Gender-Based Violence (GBV) and Agency
Strengths:
The Women’s Act 2010 protects every woman against any form of physical, sexual, psychological, or economic harm, suffering, or violence, whether in public or private life, and prohibits all forms of violence against women. Government departments are mandated to take appropriate measures to protect women's rights from abuse or violence.
The Domestic Violence Act 2013 prohibits domestic violence, defining it broadly to include physical assault, sexual abuse, economic abuse, and emotional, verbal, or psychological abuse within various domestic relationships. It allows victims or others to file complaints and for the court to issue protection orders. A Victims of Domestic Violence Support Fund is established.
The Sexual Offences Act 2013 consolidates laws on sexual abuse and assault, expands the definition of rape, and prescribes penalties. It includes provisions for the protection of complainants during legal proceedings.
The Policy Guidelines and Regulations on Sexual Misconduct and Harassment in Gambian Educational Institutions state that no form of sexual contact shall take place between a student and any other person within the educational system and deems it sexual misconduct. Sexual harassment is also not tolerated.
The Prevention and Prohibition of Torture Act 2023 prohibits torture and cruel, inhuman or degrading treatment and provides for the protection of victims and witnesses.
Gaps and Challenges:
While the Sexual Offences Act 2013 defines rape, it explicitly states that rape shall not apply to married couples, failing to criminalize marital rape.
The compendium does not specify if service providers (e.g., police, healthcare workers) are legally mandated to receive survivor-centered, gender-sensitive training on GBV prevention and survivor support, although the Policy Guidelines on Sexual Misconduct mention that judgment must be premised on convincing evidence and/or reliable expert advice.
While protection orders exist, and the Sexual Offences Act details rights of complainants, the availability of comprehensive, age-appropriate legal support, child-friendly court procedures, and robust protection mechanisms needs consistent implementation.
Opportunities:
Amend the Sexual Offences Act 2013 to remove the marital rape exemption and ensure all forms of sexual violence are criminalized, irrespective of marital status.
Legally mandate and implement standardized, survivor-centered, and gender-sensitive training for all service providers involved in GBV response, including police, judiciary, and healthcare workers.
Strengthen support services for GBV survivors by ensuring the operationalization and accessibility of the Victims of Domestic Violence Support Fund, and expanding shelters, hotlines, and counseling services across the country.
Develop and implement child-friendly court procedures and ensure age-appropriate legal support and protection for child survivors of GBV.
Forced and Early Marriages
Strengths:
The Children’s Act 2005 (amended in 2016) prohibits child marriage, stating a child shall not be capable of contracting a valid marriage. It criminalizes contracting a marriage on behalf of a child, causing or forcing a child to marry, with penalties of imprisonment up to twenty years. Aiding, abetting, or conspiring in child marriage also carries a similar penalty. Failure to report known child marriage is an offence.
The Children's Act 2005 also prohibits child betrothal and making a child the subject of a dowry transaction, with a penalty of imprisonment up to twenty years.
The Women’s Act 2010 states a marriage shall not take place without the free and full consent of both parties.
The Civil Marriages Act 1938, as amended in 2021, invalidates all marriages involving persons under the age of eighteen years.
Gaps and Challenges:
Despite strong legal prohibitions, the persistence of customary practices and social norms may undermine the enforcement of the minimum age of marriage. The compendium notes that customary and Shariah law are applied in marriage cases, and while the Children's Act amendment removed the subjection of child marriage prohibition to personal law, ensuring consistent application across all legal systems remains a challenge.
The Policy Guidelines and Regulations on Sexual Misconduct and Harassment in Gambian Educational Institutions mention that schools will accommodate betrothed and married girls "until their marriages are consummated", which, while aiming to keep them in school, acknowledges the existence of such marriages.
The compendium does not detail specific policies or programs to address cultural norms that perpetuate early or forced marriage, beyond the legal prohibitions.
It's not specified whether there are comprehensive policies addressing the root causes of child marriage (e.g., poverty, lack of education for girls).
Opportunities:
Strengthen enforcement mechanisms for the Children's Act 2005 and the Civil Marriages Act 1938 to ensure the 18-year minimum age for marriage is universally applied, irrespective of customary or religious laws.
Develop and implement comprehensive, community-based strategies and awareness programs to address and change social and cultural norms that perpetuate child marriage, involving community leaders, religious figures, parents, and young people.
Implement policies that address the root causes of child marriage, such as poverty reduction programs targeted at families, and initiatives to ensure girls' continued access to education and economic opportunities.
Review and revise the section of the Policy Guidelines and Regulations on Sexual Misconduct and Harassment in Gambian Educational Institutions that refers to accommodating married girls until consummation to ensure it aligns strictly with the prohibition of child marriage under 18.
Prevention and Response for FGM
Strengths:
The Women’s Act 2010, as amended in 2015, explicitly prohibits female circumcision (FGM). It provides a detailed definition of what constitutes female circumcision.
The Act penalizes those who engage in female circumcision with imprisonment for three years or a fine of fifty thousand dalasis or both; if FGM results in death, the penalty is life imprisonment.
Accomplices, including those who request, incite, or promote FGM by providing tools or other means, are liable to imprisonment for three years or a fine of fifty thousand dalasis or both.
A person who knows FGM is about to take place or has taken place and fails to report it to authorities commits an offence punishable by a fine.
The Children's Act 2005 states that a child shall not be subjected to social and cultural practices prejudicial to their health and life, such as female circumcision.
Gaps and Challenges:
Despite the legal prohibition and penalties, the deeply entrenched socio-cultural nature of FGM means that its eradication remains a significant challenge.
The compendium does not detail specific policies or programs providing information on the harmful impacts of FGM through schools or community outreach.
There is no mention of standards for the multi-sectoral management of FGM survivors (e.g., health, psychosocial, legal support).
The document does not specify whether customary laws offer any protection against FGM or if they perpetuate the practice.
Comprehensive policies addressing the root causes of FGM (e.g., social norms, marriageability concerns) are not detailed.
Opportunities:
Strengthen the enforcement of the Women's Act 2010 provisions criminalizing FGM and ensure perpetrators and accomplices are prosecuted.
Develop and implement wide-reaching awareness campaigns and educational programs in schools and communities about the harmful impacts of FGM and the legal prohibitions.
Establish and fund multi-sectoral services for FGM survivors, providing comprehensive medical, psychological, social, and legal support.
Engage with community and religious leaders to address and transform the cultural norms and beliefs that perpetuate FGM, promoting alternative rites of passage where applicable.
Implement policies targeting the root causes of FGM, including empowering women and girls through education and economic opportunities.
Social Protection for Informal Workers
Strengths:
The Gambian Women Enterprise Fund Act 2020 aims to create, promote, and grow women enterprises and create self-employment for women, which can benefit women in the informal sector.
Gaps and Challenges:
The compendium does not provide information on specific legal protections or benefits (e.g., healthcare, maternity benefits) available to women working in informal sectors, including domestic and family-related work, beyond the general provisions of the Women's Enterprise Fund Act.
There is no mention of whether social protections like healthcare or maternity benefits are accessible for women in the informal economy through specific schemes.
The compendium does not indicate if time spent on unpaid domestic labor is recognized in benefit calculations or pension entitlements.
Policies to ensure unpaid care work does not limit women’s economic and social mobility are not detailed.
Opportunities:
Conduct a comprehensive assessment of the needs of women in the informal sector and develop tailored social protection schemes, including access to healthcare, maternity benefits, and pensions.
Explore legal mechanisms to recognize and value unpaid domestic and care work, potentially integrating it into social security benefit calculations.
Develop policies and programs to reduce and redistribute unpaid care work, such as investments in public childcare facilities and promoting shared household responsibilities, to enhance women's economic and social mobility.
Addressing Gender Inequality
Strengths:
The 1997 Constitution guarantees equality before the law and prohibits discrimination based on gender, among other statuses. It also mandates that women shall be accorded full and equal dignity and opportunities with men.
The Women's Act 2010 is a principal legislation protecting women's rights, domesticating CEDAW and the Maputo Protocol. It prohibits discrimination against women and makes existing discriminatory laws, regulations, or practices null and void. It also mandates temporary special measures, including a 30% quota for women in public/political offices and 50% in educational placements.
The Labour Act 2023 promotes equality of opportunity in employment and aims to eliminate discrimination, mandating equal remuneration for work of equal value and prohibiting discrimination on grounds of gender or pregnancy.
The National Youth Policy 2019-2028 promotes gender-sensitive curricula and programs to end gender-based discrimination and promote female youth's rights, as well as the elimination of discriminatory practices against female employment and harmful traditional practices.
Gaps and Challenges:
Despite a strong legal framework, deeply entrenched discriminatory social norms, stereotypes, and practices based on gender may persist, hindering de facto equality in education, employment, and public life.
The compendium does not detail specific, ongoing community programs aimed at shifting discriminatory social norms affecting women’s education, health, and rights, beyond the general aims of the National Youth Policy.
While laws exist, ensuring their full implementation and the active support of equal access to opportunities for women and girls across all sectors requires continuous effort and resources.
Initiatives to specifically reduce prejudice, exclusion, and illiteracy among women and girls are not explicitly detailed as standalone programs in the compendium.
Opportunities:
Strengthen the enforcement of anti-discrimination laws, including the Women's Act 2010 and the Labour Act 2023, and monitor the implementation of temporary special measures.
Develop and fund targeted community-level programs and national campaigns aimed at transforming discriminatory social norms and stereotypes, promoting gender equality in all spheres of life, in partnership with civil society and community leaders.
Invest in initiatives specifically designed to reduce illiteracy among women and girls and combat prejudice and exclusion, particularly in marginalized communities.
IV. Policy Implementation and Monitoring
Strengths:
The National Youth Council Act 2000 establishes a National Youth Council responsible for coordinating youth policies and programs, facilitating youth empowerment and participation in policy development, and monitoring the implementation of the National Youth Policy.
Gaps and Challenges:
The compendium provides limited information on specific mechanisms for youth (particularly adolescents) and women's participation in the design, implementation, and monitoring of SRHR, education, and gender equality policies beyond the general mandate of the National Youth Council.
It is not detailed whether structured platforms like youth councils or advisory groups specifically for SRHR/gender policy are operational and facilitate broad youth input and oversight.
The compendium does not describe feedback mechanisms for adolescents to contribute to ongoing policy and program adjustments.
There is no confirmation that data collection systems consistently disaggregate information by age (specifically adolescent data), socioeconomic status, location, disability, and other LNOB factors for SRHR, education, and gender equality indicators.
The comprehensiveness of national surveys and administrative data regarding adolescent needs in the areas covered is not assessed in the compendium.
The compendium does not detail specific implementation plans with timelines and responsible institutions for many of the laws and policies listed.
Accountability frameworks with transparent progress indicators for tracking the impact of these laws and policies are not explicitly described.
An evaluation of the capacity of institutions to enforce these laws (staff training, resources, monitoring effectiveness) is not provided.
Opportunities:
Establish and strengthen structured platforms for the meaningful participation of youth, especially adolescent girls, and women in the design, implementation, and monitoring of all policies and programs related to SRHR, education, and gender equality. This could include creating dedicated youth advisory groups.
Implement robust feedback mechanisms to allow adolescents and women to contribute to policy and program adjustments on an ongoing basis.
Mandate and implement comprehensive data collection systems that disaggregate all relevant data by age (including specific adolescent cohorts), sex, socioeconomic status, geographic location, disability, and other LNOB factors to inform policy and track inequalities.
Ensure national surveys and administrative data collection tools are designed to capture the specific needs and situations of adolescents in SRHR, education, and gender equality.
For each key law and policy, develop and publicize detailed implementation plans with clear timelines, assigned responsibilities, and allocated budgets.
Establish strong accountability frameworks with transparent, measurable progress indicators to track the impact of laws and policies, and make this information publicly accessible.
Conduct regular assessments of institutional capacity (human resources, financial, technical) to enforce laws and implement policies, and invest in capacity building where needed, including training for officials and service providers.
V. Overall Assessment and Recommendations
The Gambia has established a commendable legislative framework addressing SRHR, girls' education, women's empowerment, gender equality, and social protection. Key strengths include the comprehensive Women's Act 2010, which domesticates international conventions and mandates equality in various spheres, the Children's Act 2005 with its strong protections against child marriage and harmful practices, and recent laws like the Persons with Disabilities Act 2021 and the Labour Act 2023 that promote inclusivity and workers' rights. The explicit prohibition of FGM and child marriage are significant legal achievements.
However, gaps and challenges persist. A notable gap is the marital rape exemption in the Sexual Offences Act 2013. The grounds for legal abortion remain restrictive and not fully aligned with the Maputo Protocol. While policies like the National Youth Policy recommend SRH education, details on comprehensive implementation and specific youth-friendly service standards are lacking. Ensuring the consistent application of laws across the tripartite legal system (customary, Shariah, and common law), particularly concerning marriage and FGM, remains a practical challenge. Furthermore, information on dedicated implementation plans, comprehensive disaggregated data collection, and robust accountability mechanisms for many of the cited laws and policies is not evident in the compendium. The effective translation of legal provisions into tangible changes in the lives of adolescent girls and young women requires addressing deep-seated socio-cultural norms and ensuring adequate resource allocation and institutional capacity for enforcement.
Recommendations:
Harmonize National Laws with International Standards:
Amend the Sexual Offences Act 2013 to criminalize marital rape, removing the exemption.
Review and reform the laws on abortion to align with the Maputo Protocol, expanding legal grounds to include threats to physical and mental health, rape, incest, and fetal anomaly.
Ensure the 18-year minimum age of marriage is uniformly enforced across all legal systems, closing any loopholes that may arise from customary or personal laws.
Strengthen Implementation, Enforcement, and Monitoring:
Develop clear, costed, and time-bound implementation plans for all key legislation related to SRHR, education, and gender equality, assigning specific institutional responsibilities.
Invest in building the capacity of law enforcement, judiciary, healthcare providers, and social workers to effectively implement and enforce these laws in a gender-sensitive and youth-friendly manner.
Establish robust, participatory monitoring and evaluation frameworks with clear, disaggregated indicators to track progress, identify implementation bottlenecks, and ensure accountability. Make findings publicly available.
Promote Meaningful Participation of Youth and Women:
Create and support formal mechanisms for the systematic and meaningful participation of adolescents, young people (especially girls), and women in the design, implementation, monitoring, and review of all relevant policies and programs, going beyond the general mandate of the National Youth Council.
Address Socio-Cultural Norms and Promote Behavioral Change:
Invest in long-term, evidence-based, and culturally sensitive programs to challenge and transform discriminatory social norms, attitudes, and practices related to FGM, child marriage, GBV, and gender roles. Engage community leaders, religious figures, men and boys, and media in these efforts.
Mandate and ensure the delivery of comprehensive, age-appropriate sexuality education in schools, as recommended by the National Youth Policy, covering SRHR, gender equality, and prevention of GBV, FGM, and child marriage.
Enhance Data Collection and Analysis:
Establish a standardized national system for collecting, analyzing, and utilizing data disaggregated by age (including specific adolescent age groups), sex, disability, location, socioeconomic status, and other relevant factors for all SRHR, education, gender equality, and social protection indicators.
Ensure national surveys and administrative data systems are designed to capture the specific needs and vulnerabilities of adolescent girls and young women.
Expand Access to Services:
Develop and implement national standards for youth-responsive SRH services, ensuring confidentiality and accessibility without third-party consent.
Strengthen and expand comprehensive support services for GBV survivors, including accessible shelters, legal aid, psychosocial support, and economic reintegration programs, ensuring the Victims of Domestic Violence Support Fund is adequately resourced and operational.
Improve access to and quality of maternal health services, with specific attention to the needs of adolescent mothers.
Develop and implement social protection schemes for women in the informal sector.
