sexual health and human rights in the african region - The ICHRP

(i) to a fair disposition of property that is held jointly with a husband;
and
(ii) to fair maintenance, taking into consideration all the circumstances
and, in particular, the means of the former husband and the needs of any
children.
(2) Any law that discriminates against women on the basis of gender or marital
status shall be invalid and legislation shall be passed to eliminate customs and
practices that discriminate against women, particularly practices such as-
(a) sexual abuse, harassment and violence;
(b) discrimination in work, business and public affairs; and
(c) deprivation of property, including property obtained by inheritance.
• Constitution of South Africa of 1996
Section 9
(1) Everyone is equal before the law and has equal protection and benefit of the
law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To
promote the achievement of equality, legislative and other measures
designed to protect or advance persons, or categories of persons,
disadvantaged by unfair discrimination may be taken.
(3) The state may not unfairly discriminate directly or indirectly against anyone
on one or more grounds, including race, gender, sex, pregnancy, marital
status, ethnic or social origin, colour, sexual orientation, age, disability,
religion, conscience, belief, culture, language and birth.
(4) No person may unfairly discriminate directly or indirectly against anyone on
one or more grounds in terms of subsection (3). National legislation must be
enacted to prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in subsection (3) is
unfair unless it is established that the discrimination is fair.
• Constitution of Zimbabwe of 1979
Section 23 of the Constitution of Zimbabwe is the main equality clause.
Section 23 is reproduced in Chapter 1 of this study.
[33] African constitutions are primarily post-colonial creations. Historically, equality
and non-discrimination clauses in African constitutions are a consequence of a
region in which colonial peoples were the victims of discrimination on the
ground of race, and colonial struggles for political and legal emancipation were
inspired by the goal of creating an equal society. The tradition amongst most
African countries has been to emulate United Nations instruments when drafting
bills of rights and to list the group associations or characteristics that have been
historically used to disadvantage and marginalize members belonging or
ascribed as belonging to such groups, including women. The earliest postcolonial
bills of rights were inspired by the Universal Declaration and the
Covenant on Civil and Political Rights such as the Constitution of Tanzania. The
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