Constitutional exemptions to non discrimination : the impact on the Rights of Women in Zambia

Abstract

This dissertation had the task of looking at the impact of constitutional exemptions to non discrimination on the rights of women in Zambia. The dissertation endeavored to look at the inter alia, the legal position of women in Zambia, the delivery of justice by the judicial system, in particular the Local Courts and the effectiveness of the existing legal framework in protecting the rights of women in Zambia.The dissertation found that gender discrimination continues to be a real problem in Zambia. Consequently the position of women in Zambia remains subordinate to that of their male counterparts. This is chiefly attributable to the duality of the legal system which recognizes the application of customary laws, most of which are oppressive on women and tend to subordinate them in many issues including family law.It established that gender discrimination manifests in many areas of family law for example in customary law marriages. It was also established that the area of inheritance has equally posed many difficulties for women. Despite the enactment of the 1989 Intestate Succession Act, women still stand to face discriminatory practices after the death of their spouses when dealing with the distribution of land held under customary tenure. This study highlights the weaknesses inherent in the legal framework governing the rights of women in Zambia. The dissertation recommends that appropriate legislation should be enacted particularly on those aspects of family and personal laws that are susceptible to violation. Therefore legislation to regulate marriages contracted under customary law is necessary to cover such matters as maintenance and provide concrete grounds for divorce.