Discrimination in Law: Putting Female Health Workers at Risk
The temperature is stifling, red-tinged dust seems to coat every surface, and the whir of many fans fills the air with a rhythmic pulsing. I am seated on a bench in a small community center in Kati, Mali, observing a training meeting for all of the relais (health care volunteers) from the surrounding villages, sponsored by CapacityPlus.
The room is packed with women wearing bright and colourful boubous. Some are cradling babies, others are scribbling down notes—but they are all intensely attentive.
Relais are the backbone of Mali’s health care system. They are most important in remote underserved villages that lack health infrastructure, where they provide advice on prenatal and postnatal care. The training session focused on a picture book developed by the Malian government and a host of NGO partners.
The innovative guide has everything from images of a woman dragging her daughter to be excised under the word “NON” in a bold red to an illustration of a couple and their baby sleeping under a mosquito net.
The book was distributed to the women, followed by a question period. One woman stood up, holding open the guide to a page that encouraged mothers to start microfinance organizations in order to pay for more nutritious fare for their children. “How can we tell women to start businesses when their husbands can say no?” she asked. Murmurs of agreement rippled through the group.
The truth of the matter is that—legally at least—they can’t.
Inequality before the law
Although Mali’s constitution guarantees equality before the law, the country—like many in the developing world—suffers from a lack of legal harmonization. Thus, many facets of the law end up contradicting each other, leaving a confused system susceptible to manipulation.
I was surprised to find that Article 32 of Mali’s Marriage Code states: “The husband owes protection to his wife, and the wife owes obedience to her husband.” In practice, this gives the husband unlimited and uncontrolled power to restrict the movement of his wife.
In 2000, this led to a well-publicized case when a woman attempted to start her own international trade business. Although she was legally separated from her husband, he was able to go to court and asked the judge to withdraw his wife's passport. His claim was sustained.
Implications for health workers
A large percentage of Mali’s health workforce is volunteer-based and female. These women are at risk of discriminatory legal practices that may limit their ability to work, decreasing the country’s health capacity.
Apart from blunt discrimination in legal texts, a gap exists between the written rules and what takes place in practice. The need for a revision of gender relations in the household and in the public sphere is not recognized. Unfortunately, even if laws are changed in a gender-neutral manner, this does not mean that local actors will apply them in this way.
Looking ahead
However, major developments are brewing on a global scale. The International Labour Organization, a division of the UN, has been hammering out the specifics of a “Global Jobs Pact.” The Pact will extend social protection for workers and help fill in the gaps in many nations’ legal systems.
In fact, as was explained to me by Amadou Sankaré, a representative of the National Union of Malian Workers, “everything is about to change—the future for female workers in Mali is bright!”
Related items:
Photo 1 courtesy of Max Seunik. Photo 2 by Max Seunik (Demonstration of guidebook at training session in Kati, Mali).
FEATURED RESOURCES
