Embracing polygamy: a modus vivendi response to the human rights position

Rebecca Yemo

Chapter 4 in Governing Differences, 2025, pp 95-110 from Edward Elgar Publishing

Abstract: This chapter examines the contentious issue of polygamy, which is often condemned as a violation of women's rights and, as such, is illegal in many countries. Despite calls for its abolition by the United Nations, human rights advocates, and scholars, polygamy remains an accepted practice in several regions, particularly in sub-Saharan Africa, where it is deeply rooted in religious and cultural traditions. The chapter contributes to the debate by arguing for the acceptance of polygamy as a legitimate form of marriage, using Ghana as a case study within the modus vivendi framework. It challenges the notion that polygamy inherently violates women's rights, contending that the notion that polygamy violates women's rights because it deprives them of the opportunity to equally have multiple husbands is based on a narrow conception of equality and an erroneous framing of polygamy as solely an issue of equality. Furthermore, both polygamy and monogamy can be grounds for women's rights violations. The chapter advocates for the recognition of polygamy as a valid form of marriage and suggests that instead of criminalizing it, efforts should focus on integrating it within human rights frameworks. It also explores how Ghana's approach could serve as a model for other African states with polygamous populations.

Keywords: Human rights; Women's rights; Polygamy; Modus vivendi (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035348572
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