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