(a)
The same rights and responsibihties as parents, irrespective
of their marital status, in matters relating to their children;
in all cases the interests of the children shall be paramount;
(b)
The same rights and responsibilities with regard to
guardianship,
wardship,
trusteeship,
and adoption of
children, or similar institutions where these concepts exists in
national legislation, in all cases the interests of the children
shall be paramount."
125. Similar provtstons are also found in Article 2 (C) of the
Declaration on the Elimination of Discrimination Against
Women of 7 Novctnber 1967.
126. The law, in South Africa and in the United States, will be dealt
with below.
The Indian Constitution as well protects equality
and outlaws sexual discrimination. Article 14 and 15 (1) of the
Indian Constitution provide that:~
"14. The State shall not deny to any person equality before
the laws or the equal protection of the law within the
terri tory of India.
15.
(1) The Sate shall not discriminate against any
citizen on grounds only of religion, race, caste, sex,
place of birth or any of them."
12 7. In interpreting Article 14, the Indian Supreme Court has
required that any legislative classification or distinction must be
Page 42 of 46
Applicant's Heads of Argument in the matter between:
Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared byTendai Biti Law
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