4.8
Clause 2.17 provides for protection of the family. Of particular interest to women is the
directive for the State to assist parents in caring for their children and to ensure the
prevention of domestic violence. This directive is in line with CEDAW general
recommendation 19 which recognised violence against women as a form of
discrimination against women. However, in addition to preventing domestic violence, the
State is obligated to take appropriate measures to provide services and treatment for
victims. The provision would be improved by revising so that the State must endeavor to
adopt measures for “the prevention of domestic violence and assistance to its victims.”
Clause 2.18 provides for policy directives related to marriage. It directs the State to
ensure that there is equality of rights and responsibilities of spouses during marriage and
at its dissolution; and that in the event of dissolution of a marriage, whether through death
or divorce, provision is made for the necessary protection of any children and spouses.
This clause also states that no one may be compelled to enter into marriage against their
will provides welcome protections for women’s equal rights in marriage.
4.9
Clauses 2.19 through Clause 2.22 provide for policy directives to ensure the social and
economic welfare of the people of Zimbabwe. The clauses require the State to take
appropriate measures to provide basic education and educational opportunities, access to
adequate shelter, health services and social welfare. These social and economic mandates
provide a great benefit to women as they are often disparately impacted by their absence.
4.10
Clause 2.26 requires the State to take measures to domesticate international instruments
which address gender issues, among others. This is a welcome clause that will ensure that
the commitments adopted by the State in conventions such as CEDAW, will benefit the
women of Zimbabwe as they were intended.
5. Chapter 3: Citizenship
5.1
Citizenship is the membership of an individual to the State. Constitutional provisions on
citizenship are important in that they determine the extent to which a person enjoys the
benefits and privileges provided for under the Constitution. Similarly, citizenship status
defines the extent to which the individual owes certain obligations to the State.
Citizenship is also important in that the international law concept of nationality is
dependent on citizenship status and defines the extent to which the individual may expect
the protection of the State at the international level.
5.2
The provisions on citizenship under the current Constitution do not discriminate against
women in express terms but it has been noted that the prohibition of dual citizenship
provided for under the Citizenship Act, while couched in gender neutral language has a
disproportionately negative impact on women due to gender. The Citizenship Act
provides that a citizen of Zimbabwe who acquires the citizenship of another country will
automatically lose his or her Zimbabwean citizenship. Women who marry foreign men
are more likely to be required to assume their spouses citizenship that men who marry
foreign wives.
6|Page