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77.
Equality has been further enhanced in terms of civil rights by the various legal
texts contained in both the Criminal Proceedings Act and the Civil Proceedings Act. On
marriage, the Sahrawi law stipulates that 18 years is the age for marriage for both men
and women.
78.
The Sahrawi law gives male and female equal rights when it comes to contracts
and property management where there is no discrimination. Women can freely manage
their properties just like men and have the right to use their prerogative in doing so.
79.
Women have full right to financial trusts and a husband has no say or influence in
that.
The Sahrawi law uses the Malikite School of Thought which stipulates that
financial trusts between men and women, should not be mixed, each trust is
independent of the other. A married woman is free to retain her surname or family
name.
80.
As regards violence against women, this phenomenon is alien to the Sahrawi
society as women in the society are held in high esteem, be it within or outside the
family. Sahrawi courts have not registered any such case and whoever tries to use
violence against women shall be dealt with by society before the judiciary and the
stigma shall ever remain with that person.
3.
81.
Individual Freedom (Article 4 of the Charter)
The Sahrawi Constitution places great premium on the importance of individual
freedom and physical safety as enshrined in the following Articles:
Article 27 which stipulates thus:
-
Every citizen is presumed innocent until proven guilty by a judicial body;