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Africa

ID
1001
Level
Global Region

Código Penal Capítulo VI – Artigo 223: Circunstâncias agravantes (Penal Code: Aggravating Circumstances)

The Penal Code includes the follow aggravating circumstances if a crime involves discrimination on the basis of race, color, ethnicity, place of birth, sex, sexual orientation, sexual harassment, belief or religion, political or ideological convictions, social ideological convictions, social status or origin, or any other form of discrimination.

Código Penal Capítulo VI: Crimes Contra a Dignidade das Pessoas (Penal Code: Crimes Against Dignity)

Articles 213-220 prohibit certain actions intended to violate someone’s honor, which include insult, defamation, and slander, and mandate penalties ranging from 6-12 months imprisonment and fines. The articles provide for increased penalties if the insults/offensive judgments offend someone’s race, color, ethnicity, place of birth, sex, sexual orientation, disease, disability, or religion.

Código Penal Título VI – Artigos 377-390: Crimes Contra a Paz e a Comunidade Internacional (Penal Code: Crimes Against Peace and the International Community)

The Penal Code establishes penalties of six months to six years for those who in a meeting, public place, or through any means of dissemination or communication with the public, incite hatred against a person or group of persons because of their race, color, ethnicity, place of birth, sex, belief or religion, political or ideological convictions, social condition or origin or other cause, with the purpose of discriminating against them.

Cole, et al. v. Dixon

This case established that a wife’s dower is not an asset of her husband’s estate. After Mr. Dixon died intestate, his widow claimed that she held title to real property that had been conveyed to her as a deed of gift from her husband. The executor, appointed by the county, argued that the property was an asset of the estate because the right of dower accrues only after the death of the husband.

Combating of Immoral Practices Act

The Combating of Immoral Practices Act aims to prevent and reduce prostitution and the existence of brothels.  The Act imposes a criminal penalty for keeping a brothel of imprisonment for a period not exceeding three years or imprisonment and a fine. The Act punishes procuring or attempting to procure any female to have unlawful carnal intercourse with imprisonment for a period not exceeding five years.

Comissão Nacional de Prevenção e Auditoria de Mortes Maternas e Neonatais – Decreto Presidencial Nº 52/12 (National Commission of Audit and Prevention of Deaths of Mothers, Newborns and Infants)

The President approved the creation of the National Commission of Audit and Prevention of Deaths of Mothers, Newborns and Infants in March 2012. This commission was established to contribute to the reduction of maternal and infant mortality by investigating maternal death, defining appropriate evidence-based interventions and recommending corrective actions.

Commission on Gender Equality Amendment (Act 17 of 2013)

This Act amends the Commission on Gender Equality Act of 1996 to align with the Constitution. The Preamble in the Act substitutes the Preamble of the 1996 Act, and holds that §181 and item 20(2) of Schedule 6 to the Constitution provides for the continued existence of the Commission for Gender Equality ("the Commission"). Furthermore, it outlines the purpose of the Commission, which is to promote respect for gender equality and the protection, development, and attainment of gender equality.

Communal Land Reform Act

The Communal Land Reform Act 2002 aims to regulate the allocation of customary land rights in communal lands and to establish Communal Land Boards. Communal land that previously belonged to indigenous communities is now vested in the state, which then distributes and allocates the land among the rural communities. This Act takes precedence over customary law and is much more favorable to women’s rights. Under the Act, four women must be appointed to the Communal Land Boards.

Companies Act

The Companies Act of 2011 enshrines in law the right of women to serve as directors of companies. According to the law, women are allowed to establish companies on their own, and the law removes the onus on women of securing spousal consent through Section 5(2), which establishes that “anything contained in the customary or common law” that pre­vents a married person from acting as promoter of a company “without his or her spouse’s con­sent” be disregarded and overridden.

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