Zimbabwe Human Rights NGO Forum Special Report
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Gender and Constitutional Issues
The equal right to basic livelihood is mandatory and to achieve this women demand equality at work.
Female and male family members must be accorded equal rights to inheritance, including inheritance
of land and housing.
The State has an obligation to educate its people on their rights to equality, both before the law and
in all aspects of society.
Whilst fully respecting the role culture and religion play in family and all other aspects of life, these
must not undermine the attainment of full equality between men and women in the public and private
spheres.
LAW AND THE ADMINISTRATION OF JUSTICE
The principle of equality in all areas and aspects of life, including national life, must be supported,
protected and advanced by laws that actively confer equality of rights and opportunities on women and
the girl child. Equality for all must be supported by a gender-sensitive and socially-sensitive judicial and
law enforcement system. All citizens must be able to have ready access to the appropriate court to enforce
their legal rights and entitlements.
1.
Women must participate fully in local adjudication and mediation processes, there must be
affirmative action to ensure that women are equally represented at all levels of the judicial process,
in the administration of justice and in national law enforcement bodies including customary law
courts, as magistrates, judges, etc.
2. All laws and Government policies should recognise, protect and enforce the right of women to an
independent identity and their right to self-determination as individuals and to exercise their rights
and duties as parents.
3. Provisions must be included in the law and in the processes and procedures of the administration of
justice to ensure that all courts are litigant- and victim-friendly. This must be specially implemented
for the benefit of rape victims, victims of domestic violence, and victims of child sexual and other
abuse.
4. Special assistance and protection must be made available to those who are mentally or physically
disabled when they engage with any judicial processes.
5. The judiciary must be a gender-sensitive, independent and autonomous body, composed of persons
of the highest moral integrity and reflecting gender equality.
6. For the effective enforcement of human, civil and legal rights, legal aid and assistance services
should be made available to all citizens who are unable to afford the services of a legal practitioner.
7. To ensure that the judicial system and law enforcement processes are adequately funded and
supported there should be a separate budget, voted annually by Parliament.
8. The criminal justice system should be made more sensitive to the needs of women in cases of
violence against women, including domestic violence.
9. Police officers must be compelled to and receive gender training to ensure they are sensitive to
women’s cases.
10. Police officers must be compelled to provide protection for women against all forms of violence.
11. All citizens must have free and full access to information regarding their legal and constitutional
rights.
PROPERTY, RESOURCES, LAND AND ENVIRONMENTAL RIGHTS
All women should have the right to full participation in the economy. Women have a right to
employment, the right to own or occupy land in their own name and in their individual capacity. Women
and men must have equality of rights to matrimonial and family property. A clean and healthy
environment, protection and equality of access to natural resources for women and men are fundamental
elements in women’s enjoyment of property and resource rights.
1.
Women must have the rights to enter and pursue careers of their own choice.
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