2.1.2 Family and Marriage:
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Zimbabwe’s Constitution calls for the adoption of measures to assist
mothers and others who take care of children. South Africa only provides
for the right to family care, and Botswana raises the issue only as it relates
to pensions.
▪
Zimbabwe’s Constitution is the only one that calls upon the government to
enact measures to prevent domestic violence.
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Zimbabwe’s Constitution also calls for “appropriate measures” to protect
children and spouses in death and divorce. South Africa only provides a
right to social security for individuals who cannot support themselves, but
it does not provide for specific protections.
2.1.3 Reproductive Health:
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The Constitution of Zimbabwe provides a qualified right to make decisions regarding reproduction but also effectively outlaws abortion, except
in rare cases, by requiring that an act of Parliament be made to protect the
lives of unborn children. In contrast, Kenya effectively bans abortion,
while South Africa explicitly provides an unqualified right to make decisions regarding reproduction.
2.1.4 Education:
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Only Zimbabwe’s Constitution specifically states that girls are to be afforded the same opportunities as boys.
2.1.5 Elected and Appointed Government Positions:
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Ministry appointments in Zimbabwe must be guided by considerations for
regional and gender balance. None of the other three countries have a similar provision.
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Election lists in Zimbabwe must list male and female candidates alternatively, with women being listed first. Electoral laws provide for proportional representation and in filling vacancies, require them (with one exception) to be filled in the same gender as the persons who previously
filled the seats. Kenya’s electoral law provisions are similar to Zimbabwe.
For the most part, the Constitutions of Botswana and South Africa only
make use of personal pronouns in provisions on membership composition
and appointments.
▪
Botswana, Kenya, and South Africa have constitutional provisions to ensure that its elections are conducted properly, freely, and fairly, but Zimbabwe expands these assurances to require the State to take measures to
ensure that all eligible citizens are registered as voters.
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