may occur unintentionally and as a collateral effect are covered by the provision. Equal treatment between women and men applies to the political, economic, cultural and social spheres’ (Zimbabwe Constitution, 2013). The language in section 56(3) and (4) of the Zimbabwe Constitution borrows from the nondiscrimination provision of the South African Constitution: Section 56(3) reads: Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability, or economic or social status or whether they were born in or out of wedlock. Section 56(4) reads: A person is treated in a discriminatory manner for the purpose of subsection (3) if – (a) they are subjected directly or indirectly to a condition, restriction or disability to which other people are not subjected; or (b) other people are accorded directly or indirectly a privilege or advantage which they are not accorded. The Constitution also includes an expanded declaration of rights with a section on women’s rights (section 80); which states: (1) Every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities. (2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those rights are to be exercised. All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. Conflict between customary law and statutory law has been eliminated in the new Constitution. Women’s rights and gender equality are no longer subjugated to traditional, cultural and religious norms and values that encroach on the fundamental rights of women and girls as citizens. Thus the dual legal system and the clawback clause in the former Constitution (section 23(3)(b)), which protected the application of customary law and provided for discrimination in personal matters and in customary law, have effectively been removed. The Constitution also creates an independent Gender Commission (in section 245) that is mandated to closely monitor the advancement of gender equality as well as the protection of women’s rights. The Gender Commission is also mandated to investigate possible violations of rights relating to gender. National Gender Policy The Ministry of Women Affairs, Gender and Community Development developed a National Gender Policy to spearhead women empowerment, gender equality and equity for the purpose of community development. Its vision is to create a Zimbabwean society where there is economic, political, religious and social equality and equity among women and men in all spheres of life and at all levels. The Policy is anchored in the protection of, and respect for, the rights of the individual. Among the objectives of the Policy are: to mainstream gender issues in all sectors in order to eliminate all negative economic, social, and cultural practices that impede equality and equality of the sexes; to promote equal Module 4: Gender and community healing 77 4