Legal Framework on Gender Based Violence in Zimbabwe

Legal Framework on Gender Based Violence in Zimbabwe

The decentralization of the judiciary has made it possible to provide legal assistance in different parts of the country. The new “transformation government” that came to power in 2017 had pledged to consider ratifying the Optional Protocol. Questions from the Committee`s experts The experts commended Zimbabwe`s efforts to date, stating that concerns remained about the quality and level of progress made in many areas due to low compliance with the Convention by stakeholders and inadequate monitoring mechanisms. The Committee remained concerned that widows continued to be evicted from their homes by in-laws and enquired about the legal support and assistance they received in defending their property rights. The experts requested information on women`s land ownership and on measures to protect the health and safety of women and children from work in tobacco production, which is hazardous work due to pesticide poisoning. The Delegation replied that when a man dies, the woman inherits automatically. A gender equality strategy for the agricultural sector is in place and received $10.5 million in 2020. Child labor was not allowed, and the government took steps to enforce the ban, including in tobacco production. Expanded knowledge of legal rights and service providers also provides long-term benefits to women when responding to gender-based violence as a constitutional right. The study also contributes to the concept of transformative constitutionalism, which envisions new or alternative policy perspectives, thus contributing to the work of civil society and government in their efforts to effectively promote women`s rights and gender equality in Zimbabwe. It is important to note that the study includes policy recommendations to strengthen women`s peacebuilding capacities, including ending violence and discrimination and obtaining appropriate redress when gender-based rights have been violated. Given the importance of pursuing curative and preventive strategies, the research study highlights the need for cross-sectoral, multi-level and multi-stakeholder approaches, thereby strengthening the capacity of organizations advocating and enforcing the implementation of zero-tolerance policies towards gender-based violence in Zimbabwe.

It is illegal to terminate a pregnancy in Zimbabwe unless the abortion law only allows it in cases of rape, extreme malformation and incest. Despite the obvious exceptions, a discrepancy in the abortion response rate after rape was found. Dismissal is only allowed after all evidence of rape has been presented and meticulously examined. During the fact-finding and verification process, the pregnancy will develop beyond the abortion stage. A unique case that has been recorded is the 2006 Mildred Mapingure case, in which she eventually gave birth to a child she had fathered by rape for failing to ensure a timely abortion. In his case, Mapingure did not receive contraception, let alone advice on other ways to access the drug, which is a sign of neglect. She had to sue for damages for delays that hindered the abortion. However, social class plays a very important role in influencing how quickly a reported rape case receives a verdict. This means that those who are poor and rely only on the course of judicial proceedings are sometimes silenced without justice.

Whenever a concern about language barriers is raised, many often associate them with dialects. However, this study revealed a number of critical concerns. Research has shown that persons with disabilities continue to experience gender-based violence in various forms, even though the current constitution clearly spells out their rights in Chapter 2, Section 22. In accordance with this article, the Government of Zimbabwe recognizes the rights of persons with disabilities, in particular their right to be treated with respect and dignity, and that all institutions and bodies at all levels must develop programmes for the well-being of persons with disabilities, promote the development of appropriate communication, allocate adequate resources and ensure that buildings and facilities are accessible to all persons with disabilities. people with disabilities…

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