(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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