Africa

Article 36 of Mozambique’s Constitution provides that “men and women are equal before the law in all aspects of political, economic, social and cultural life.” Article 120 recognizes and protects the roles of maternity and paternity. It acknowledges the importance of family to the development of children - socially, morally, and ethically - and so ensures an education to the future generation based on the country’s values, namely equality between men and women. Article 122 states a woman’s rights to participate in society.

Section 6 of the Constitution of Botswana adopted in 1966, and amended in 2006, prohibits sexual slavery or trafficking. It includes the following provisions: 1) No person shall be held in slavery or servitude. (2) No person shall be required to perform forced labour. Section 7 of the Constitution of Botswana adopted in 1966, and amended in 2006, prohibits sexual violence that constitutes torture. It includes the following provisions: (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

Article 11 requires that the state guarantee equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of the Constitution.  The state must work to adopt measures ensuring the proportional representation of women in the houses of parliament, as determined by the constitution.  In addition, the state must ensure women’s rights in pursuing public employment, employment in the senior management of the state, and appointment in judicial agencies without discrimination.  The state is committed to the protection

Section 18(1) of the Constitution makes any law with discriminatory provisions or effect presumptively invalid. Discriminatory is defined as “affording different treatment to different persons attributable wholly or mainly” to their respective descriptions by race, colour, sex, language, and so on. However, Section 18(1) is limited in its scope by the exceptions enumerated in Section 18(4).

Article 11 guarantees fundamental rights and freedoms to all persons regardless of sex, ethnicity, race, political opinion, or national origin. Article 18 prohibits employment discrimination based on sex. Article 23 provides that the property obtained by a person during marriage because of his or her own labor shall not be used to satisfy the obligations of his or her spouse, nor shall the property be controlled by a spouse.

In recognition of the inherent dignity and worth of each human, Article 12 requires that the State and all persons recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups, and minorities. All persons have equal status before the law. Limitations of rights are only justifiable insofar as they ensure peaceful human interaction in the context of an open and democratic society.

Article 9 of the FDRE Constitution provides that all international treaties ratified by Ethiopia are integral parts of the law of the land. Similarly, Article 13.2 provides that fundamental rights and freedoms shall be interpreted in a manner conforming to the Universal Declaration of Human Rights, International Covenants on Human Rights and International instruments adopted by Ethiopia. Ethiopia has ratified many of these treaties including ICCPR, ICESCR, and CEDAW. Article 35 of the FDRE Constitution pertains to the Rights of Women.

Sections 15(2) and 42(1) prohibit sex-based discrimination.  Section 17 of the Constitution outlines the elimination of demographically derived disparities as a fundamental objective of state policy.

Several constitutional provisions further entrench and protect women’s rights by mandating equal treatment of men and women and that no individual can be subject to degrading treatment. Article 26 establishes equality before the law and emphasizes the need to protect mothers, children, people with disabilities, and the elderly. Furthermore, Article 6 guarantees women’s right to vote and to participate in the political process. Article 18 prohibits torture and inhumane treatment. Article 19 provides accountability measures for agents of the state for these tortious acts.

Article 15 of the Constitution of the Republic of Ghana relates to respect for human dignity and prohibits torture or cruel and inhuman punishment. Article 16 prohibits involuntary servitude or slavery. Article 17 relates to equality and non-discrimination and establishes that every person in Ghana is equal before the law. To this end, Article 17 specifically prohibits discrimination on the grounds of gender, race, color, ethnic origin, religion, creed, or social or economic status.