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ZAMBIA
(CONTINUED)
Ending Sex Discrimination in the Law
EQUALITY NOW – BEIJING+25
Section 23 of the Constitution of Zambia: (1) Subject to clauses (4), (5) and (7), no law
shall make any provision that is discriminatory either of itself or in its effect….
(3) In this Article the expression “discriminatory” mean, affording different treatment to
different persons attributable, wholly or mainly to their respective descriptions by race, tribe,
sex, place of origin, marital status, political opinions colour or creed…
(4) Clause (1) shall not apply to any law so far as that law makes provision…
c. with respect to adoption, marriage, divorce, burial, devolution of property on death or
other matters of personal law;
d. for the application in the case of members of a particular race or tribe, of customary law
with respect to any matter to the exclusion of any law with respect to that matter which is
applicable in the case of other persons..
MARRIAGE, DIVORCE,
POLYGAMY & WIFE OBEDIENCE
Apart from child, early, and forced marriage, other marital status issues violating
the right to equality and non-discrimination in the law itself are highlighted
below.
Below are examples of laws which must be amended or repealed.
AFGHANISTAN
Shia Personal Status Law of 2009:
Article 123. (1) The household’s supervision is the right of the
husband, unless based on the husband’s mental deficiency, and by
order of the court, it is given to the wife.
(5) A wife can leave the house for legal purposes to the extent that
local custom allows . . .
Take Action – Afghanistan
President Ashraf Ghani
Gul Khana, Presidential Palace
Kabul
AFGHANISTAN
Email: h.chakhansuri@arg.gov.af
info@afghanistan-un.org (Mission to the
UN in New York)
Twitter: @ashrafghani; @ARG_AFG
Note: Article 22 of the Constitution of Afghanistan: Any kind
of discrimination and distinction between citizens of Afghanistan shall be forbidden. The
citizens of Afghanistan, man and woman, have equal rights and duties before the law.