38.
Access to courts
Every person has the right of access to the courts for the resolution of any dispute that can be
resolved by the application of law.
39.
Family and marriage
(1)
The family in all its forms is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
(2)
Each member of the family is entitled to full and equal respect and must be protected by
law against all forms of neglect, cruelty or exploitation.
(3)
Every man and woman, who has attained the age of eighteen years, has the right to marry
and found a family and no person may be forced to enter into marriage or be prevented
from entering into marriage.
40.
Rights of children
Every child is entitled to(a)
(b)
(e)
equal treatment before the law, including the right to be heard;
be given a name, a family name, immediate birth registration and the right to a
nationality;
know, and to be raised by, their parents;
be protected from economic exploitation, from child labour, and from maltreatment,
neglect, abuse or degradation;
education, health care services, basic nutrition and shelter.
41.
Rights of women
(1)
Every woman has full and equal dignity of the person with men and this includes (a)
equal opportunities in political, economic and social activities; and
(b)
equal rights in civil law.
(2)
All laws, customs and cultures that infringe the rights of women are prohibited.
(3)
Women have the right to affirmative action for the purpose of redressing the imbalances
created by history, tradition or custom.
42.
Rights of persons with disabilities
(c)
(d)
Every person with a disability is entitled to respect and human dignity and the state must take
appropriate measures to ensure that disabled persons realise their full mental and physical
potential including measures:
(a)
to enable them to become self reliant;
30
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