should be discouraged 6 • For example, women who have in
accordance with stereotypes of good mothers and wives will
be rewarded by the legal system, by obtaining custody of
children
and
protection
of their
financial
interests.
However, women who refiect stereotypes of bad wives and
mothers are punished and their treatment serves as a
warning of the dangers of non-compliance for other women 7•
Closely associated with the use of gender stereotypes is the
tssue of essentialism, which is premised on the idea that
there are certain essential features which are generally and
universally shared by all women 8•
These features are
regarded as 'natural' while, in fact, they are socially
produced and refiect specific value systems and choices 9•
106. In short there are no differences between men and women which
would justify the discrimination in our law.
F.
DISCRIMINATION AND GENDER EQUALITY
107. The New Zimbabwean Constitution has created, a conscious and
serious jurisprudence pertaining to gender equality and women's
rights. In Article 17 of the same states as follows:~
"17. Gender balance
(l)The
State
must promote
full gender balance
m
Zimbabwean society, and in particular-
See par 2.2.2 for a discussion of the biological origins of sex and gender.
O'Sullivan 1994 Acta Juridica 188-191; Bonthuys 'Familiar Discourses of Parenthood' 1999 THRHR 547 549-550.
8 Southwell 'The Case of the Invisible Woman:
Essentialism, lntersectionality and Marginalisation in Feminist
Discourse' 1994 CILSA 357.
9 Minow Justice Engendered in Smith (ed) Feminist Jurisprudence 217 227; O'Sullivan 1994 Acta Juridica 187; Pieterse
2001 SA Public Law 94.
6
7
Page 34 of 46
Applicant's Heads of Argument in the matter between:
Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared byTendai Biti Law
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