care facilities for the children of working mothers therefore hinders the professional development of women. 6.21 While the provision for mandatory maternity leave benefits for women is also commendable, the failure to provide for similar parental leave for fathers may be detrimental to women. One recognised way of effectively addressing discrimination against women is to modify the social and cultural patterns of conduct of men and women, by taking measures which challenge customary and other practices which are based on stereotyped roles for men and women. It is submitted that the provision for maternity leave for women only buttresses the stereotype of women as primarily nurturers and caregivers who are misplaced in the world of paid work. Provision of gender neutral parental leave for both mothers and fathers would have gone some way in facilitating the modification of the social and cultural attitudes on stereotyped roles for women, in fulfilment of the Zimbabwe’s obligations under Art. 5 of CEDAW. Specific Application of the Rights of Women 6.22 Another innovation of the COPAC Draft which has no equivalent in the current Constitution is the provision on the specific application of the rights of certain vulnerable groups, among them women. These provisions are useful because they address the specific ways in which the vulnerable groups experience the violation of generally protected rights and emphasise the areas where protection is required the most. 6.23 The specific application of the rights of women is provided for under clause 4.37 which provides for full and equal dignity of the person including equal opportunities in political, economic and social activities. The right of equality of guardianship of children and, as noted previously, the prohibition of all laws customs and traditions which infringe on the rights of women are also provided for. 6.24 This provision is most welcome but one cannot help but be disappointed by its brevity. It could have spelt out more rights which are specific to women such as the right to be included in all nation building and peace building initiatives and and the right to affirmative action. 6.25 The provisions on the specific application of certain rights of children, older people and person with disabilities under clauses 4.38, 4.39 and 4.40 respectively is welcome. These are all vulnerable groups in which women are represented and suffer the worst effects of the abuses sometimes experienced by these groups. Horizontal Application of the Declaration of Rights 6.26 11 | P a g e Traditionally, the declaration of rights seeks to regulate the relationship between the State and the individual wherein the state is the duty bearer and the individual is the rights holder. The weakness of this approach is that it fails to recognise that other actors besides the state are capable of inflicting injury on individuals which may be akin to the injury

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