(Clause 4.33); food and water (Clause 4.34). These rights are justiciable and Zimbabwean courts will no doubt benefit from the rich jurisprudence regarding the progressive realisation of these rights which has developed in other jurisdictions that have greater experiences in such matters such as South Africa. Protection from Gender-Based Violence and Right to Physical Integrity 6.11 The Right to Personal Security in Clause 4.9 is a very important right for the women of Zimbabwe as it provides the right to bodily and psychological integrity, including the right to be free from violence, make decisions about one’s reproduction and right to informed consent prior to participating in medical experiments or the extraction of bodily tissue. The importance of the constitutional right to be free from private violence cannot be overstated as the high prevalence of violence against women (VAW) presents a major obstacle to the empowerment of women and girls in Zimbabwe. It is estimated that 25% of all women experience sexual abuse, 47% are physically abused and 57% are emotionally abused4. 6.12 Similarly sub clause (b) to Clause 4.9 providing all persons the right to make decisions concerning reproduction will provide women with much needed constitutional protection over their reproductive role in society. This provision is extremely welcome and reflects an understanding of the way this lack of freedom can hinder women’s true equality in other areas of social life. Right to Life 6.13 One perplexing privilege given to women under the COPAC draft of the Constitution is that they are excluded from being subject to the death penalty in Clause 4.5(c). Setting aside the debate around the death penalty in general, there is little justification for making a distinction between men and women for the consequences of crimes committed by them. In fact doing so, reflects a form of discrimination between the sexes on the the responsibilities and priviliges of citizenship. It is submitted that the issue of the death penalty should be taken under consideration without making distinction between men and women to truly promote equality and non-discrimination. Cultural Rights 6.14 4 Cultural rights are important because they enable individuals to express their identities as part of a particular community and to identify with others in the group for mutual benefit. The current Constitution does not provide for the right to culture but it treats culture and customary law in a way that has been heavily criticised by women. Sec 23(3) of the current Constitution recognises culture and customary law by protecting it as a grounds for discrimination. Many laws detrimental to women have been defended successfully on Zimbabwe Demographic Health Survey, 2007 9|Page