III. Legal Standards on the Rights of Widows
Under national, regional, and international law, Zimbabwe has to ensure the property and
inheritance rights of widows. The treatment of widows documented in this report violates
their rights to equality and freedom from discrimination, property, and access to justice,
among others.
National Law
The 2013 Constitution of Zimbabwe supersedes all laws that run counter to it, including
customary law.88 It states that provision should be made for protection of any children and
spouses upon the death of a spouse.89 And on property rights, it states:
[T]he State and all institutions and agencies of government at every level
must take practical measures to ensure that women have access to
resources, including land, on the basis of equality with men.90
This meets or exceeds minimum international standards. Furthermore, it provides that
“Every person has the right of access to the courts, or to some other tribunal or forum
established by law for the resolution of any dispute.”91 Under its own constitution, the
government of Zimbabwe has committed to accessible courts.
Following the adoption of the new constitution, the government has begun an effort to
bring all relevant national laws and regulations in line with it. According to the Ministry of
Justice, Legal and Parliamentary Affairs, 396 pieces of legislation have been identified for
alignment with the 2013 constitutional amendment.92 This process is slowly moving
88 Constitution of Zimbabwe of 2013, sec 80.3 states, “All laws, customs, traditions and cultural practices that infringe the
rights of women conferred by this Constitution are void to the extent of the infringement.”
89 Ibid., sec. 26(d).
90 Ibid., sec. 17(1)(c).
91 Ibid., sec. 69(3).
92 “Ministry Holds Constitutional Alignment Hearings in Chivi,” Tell Zim News, June 1, 2016,
http://www.tellzim.com/2016/06/ministry-holds-constitutional-alignment.html (accessed July 27, 2016).
39
HUMAN RIGHTS WATCH | JANUARY 2017
Select target paragraph3
Add to table of contents