Lancaster House Constitution which only provided for civil and
political rights. In line with international best practices and
relevant sub-regional, regional and international instruments, the
Constitution further elaborates certain rights and freedoms in
respect of women5, children6, the elderly7 and persons with
disabilities8. These rights and freedoms may only be limited in
terms of a law of general application and to the extent that the
limitation is fair, reasonable, necessary and justifiable in a
democratic society. However, there are some rights which cannot
be limited at all and these are the right to life9, the right to human
dignity, the right not to be tortured or subjected to cruel, inhuman
or degrading treatment or punishment, right not be placed in
slavery or servitude, the right to a fair trial and the right to obtain
an order of habeas corpus.
1.4. Another significant trajectory of the 2013 Constitution is the
devolution of powers and responsibility to lower tiers of
government in Zimbabwe in order to enhance the preservation of
unity, democratic participation in government by all citizens and
communities and equitable allocation of national resources.
2. Article 2: The Principle of Non-Discrimination
Constitutional and Legislative Measures
2.1. The laws of Zimbabwe outlaw discrimination. All persons are equal
before the law and have the right to equal protection and benefit
of the law. Section 56 of the Constitution prohibits all forms of
discrimination based on nationality, race, colour, tribe, place of
birth, ethnic or social origin, language, class, religious belief,
5
Section 80 of the Constitution
6
Section 81 of the Constitution
7
Section 82
8
Section 83 of The Constitution
9
Application of the death penalty as provided for in section 48 of the Constitution.
Page | 2