the basis of section 23(3) and this may have created an unhealthy perception that culture and customary law are bad for women.5 6.15 The potential of culture to do harm to women has now been neutralised by Clause 4.20 of the COPAC Draft which protects the right to language and culture but carries the important qualification that the right to culture should never be exercised in a manner that is inconsistent with the Declaration of Rights. Moreover, in Clause 4.37(3) on the Rights of Women, the COPAC Draft explicitly states customary practices and traditions that infringe on women’s rights are void. These two clauses can be celebrated by women as truly reflecting a commitment to gender equality and respect for women’s rights in all spheres of society. Rights of Women in the Work Place 5 6 6.16 Women who venture out into the public sphere suffer special risks emanating from gender stereotypes and cultural attitudes about the “proper place of a woman.” These attitudes often translate into workplace discrimination against women in earnings, opportunities for upward mobility and sexual harassment. Women also require special attention of the needs created by their reproductive roles such as adequate maternity leave and benefits and child care. 6.17 The current Constitution does not address workplace issues. These are dealt with under the Labour Act (Chapter 28:01), which contains provisions on equal pay for equal work, maternity leave and benefits and definition and prohibition of sexual harassment6. It was the women’s position that the core workplace rights ought to be provided for in the Constitution as a fundamental right where they enjoy full protection rather than in an Act of Parliament. 6.18 Rights related to the workplace are provided for under Clause 4.22 of the COPAC Draft. Sub clause 6 provides that women have a right to equal remuneration for equal work and sub clause 7 provides that women employees have a right to fully paid maternity leave for a period of at least three months. This is in line with the minimum standards set under the ILO Conventions. 6.19 These provisions are progressive and welcome but they fall short of addressing the full scope of labour issues from a gender perspective. To reflect the concerns of CEDAW Article 11 and General Recommendation 19, the provision should ensure women have the equal rights to benefits and privileges of employment such as promotions and the right to freedom from sexual harassment in the workplace. 6.20 Though the COPAC Draft does provide that assistance and provision of care to parents is a National Objective in Clause 2.17, it does not provide a right to child care. Women often fail to reach their full potential at work because much of their time and attention is taken up in their roles as mothers. Failure to guarantee the provision of adequate child See the example of Magaya v Magaya 1998 ZLR 210 (SC) Section 8(g) and section 18 10 | P a g e