UPR Sexual Rights Database

National Report:
Para 7) Since 2013, a number of legislative and regulatory measures have been taken, including: … • Act No. 2015-15 of 16 July 2015 authorizing the President of the Republic to ratify International Labour Organization Convention No. 183 on maternity protection; … • Decree No. 2017-313 of 15 February 2017 on the establishment of gender units in the general secretariats of the ministries.
National Parity Observatory:
Para 17) The Observatory is an important mechanism for the promotion of gender equality and women’s empowerment. Over the period from 2013 to 2015, its budget grew by 50 million CFA francs, from 75 million to 125 million CFA francs. Para 18) In terms of its legal status, the Observatory is an independent administrative authority, in accordance with Decree No. 2011-819 of 16 May 2011. Its senior managers have never encountered any obstacles or, in the exercise of their functions, received instructions from any authority.
Para 49) Senegal has taken significant steps in the implementation of its gender policy, including: • Circular issued by the Office of the Prime Minister in 2013 inviting ministries to take on board the issue of gender, which has facilitated the establishment of 22 gender units; • Decree No. 2017-313 of 15 February 2017 on the establishment of gender units in the general secretariats of the ministries; • Adoption of the second national strategy for gender equality and equity for the period 2016–2026, as outlined in the Emerging Senegal Plan; • Training sessions for women parliamentarians and women entered as candidates on electoral rolls in advocacy and negotiation skills. These training measures have focused on such key concepts as gender-responsive planning and budgeting, leadership, advocacy and lobbying, and raising awareness of the challenges of gender mainstreaming in public policies; • The establishment in 2016 of a committee for the review of laws and regulations that discriminate against women, by order of the Minister of Justice. The report on the campaign to permit safe abortion and to incorporate in law the definition of discrimination against women is now being widely disseminated.
Para 50) The 2017 parliamentary elections boosted the number of women in Parliament, although, in relative terms, their proportion has decreased. Thus, 69 women were elected in 2017, compared to 64 in 2012. The Economic, Social and Environmental Council, which is chaired by a woman, has 23 women among its 120 members, or 19.2 per cent of the total. Its bureau comprises six women and six men.
Para 51) Following the local elections of June 2014, women’s representation in local government tripled, rising from 15.9 per cent in 2009 to 47.2 per cent in 2014, with 13,103 women elected to local assemblies out of a total of 27,760 local councillors.
Para 144) Efforts to give effect to women’s rights have focused on women’s health and empowerment, the school enrolment of girls and the combating of gender-based violence.
Para 146) The establishment of gender units in ministries has made it possible to foster a culture of women’s rights within the Administration, although impediments are still posed by entrenched cultural, religious and economic attitudes.
Para 162) The promotion and protection of human rights have always formed an integral part of the Government’s public policies. Under the third priority of the Emerging Senegal Plan, on governance, institutions and security, actions to promote … equity and gender equality are articulated in strategic guidelines.

UN Compilation:
Para 14) The Working Group on the issue of discrimination against women in law and in practice commended Senegal on the efforts it had made to strengthen its legal framework for the promotion and protection of women’s rights and gender equality. Nonetheless, the Working Group noted that the Family Code remained one of the chief sources of discrimination against women in Senegal and contained many discriminatory provisions.
Para 16) CEDAW noted that the Constitution and ordinary legislation lacked an explicit definition of discrimination covering direct and indirect discrimination and discrimination in the public and private spheres, as well as provisions guaranteeing equal rights of women and men.
Para 18) The country team noted that the legislation on parity had enabled a considerable number of women to enter the parliament, but that, as the proportion of women in decision-making bodies remained very low, such legislation should also be applied to appointed positions. The team also pointed out discriminatory provisions that remained in the national legislation, including in connection with paternal and marital authority, which interfered with women’s enjoyment of other rights.
Para 19) The country team also noted that the 2013 Nationality Act had put an end to the discrimination women had faced in passing their nationality to a foreign spouse or to their children. However, the country team drew attention to continued discrimination faced by children born or found on Senegalese territory in acquiring nationality.
Para 43) CEDAW was concerned about the persistent gender wage gap and occupational segregation of women and men; the high rate of unemployment among women and their concentration in the informal sector; and the absence of legal provisions explicitly criminalizing sexual harassment in the workplace.
Para 57) CEDAW was concerned at the limited capacity and independence of the National Observatory for Parity.
Para 59) [CEDAW] was concerned about the long delays in revising the discriminatory provisions contained in national law, particularly those of the Family Code, including provisions relating to the different minimum age of marriage for girls and boys, polygamy, discrimination in the consequences of breach of marriage and discrimination against Muslim women regarding inheritance.
Para 60) CEDAW was concerned at the high number of unregistered marriages, recommending protecting the rights of women in such marriages.
Para 63) The Working Group on the issue of discrimination against women in law and in practice was concerned that voluntary termination of pregnancy was prohibited under both the Criminal Code and Act No. 2005-18 on Reproductive Health and carried a penalty of up to five years’ imprisonment.
Para 63) [The Working Group on the issue of discrimination against women in law] noted that the incorporation into domestic law and enforcement of the instruments to which it was a party remained inadequate and the new constitution of 2001 that promoted gender equality had yet to be implemented in practice.
Para 65) CEDAW was concerned about the lack of criminalization of marriages with a child between 13 and 18 years of age.
Para 66) CEDAW remained concerned about the persistence of domestic violence …
Para 67) Concerned about the persisting barriers faced by women in effectively gaining access to justice, …
Para 68) [CEDAW] remained concerned about rural women’s limited access to land, owing to legal and sociocultural barriers regarding their right to inheritance, health care, education, public transportation, food, water and sanitation, income-generating opportunities and social protection.
Para 69) The country team noted the national action plan to eliminate gender-based violence and promote human rights, adopted in 2017, which gave form to the vision of theme 3, on governance, peace and security, of the Emerging Senegal Plan.

National Report:
Para 116) There is no law in Senegal criminalizing homosexuality. However, article 319 of the Criminal Code punishes unnatural acts committed in public. No one is in prison in Senegal for homosexuality. The Senegalese people have been called upon to express their views on the issue on several occasions.

Stakeholder Summary:
Para 12) JS1 points out that none of the recommendations on the human rights of sexual minorities made during the previous review have been implemented by the State.

Para 13) JS1 adds that criminal law still penalizes homosexuality.

National Report:
Para 74) The law does not prohibit the freedom of sexual orientation but rather lewd or unnatural acts that are tantamount to indecent behaviour.