PART I
CIVIL AND POLITICAL RIGHTS (Articles 2- 12)
EQUALITY BEFORE THE LAW AND RIGHTS TO NON- DISCRIMINATION
(Article 2 and Article 3)
Constitutional Measures
The FDRE Constitution, as provided in the preamble stresses the firm conviction of the people to
the fulfillment of the main objective of democratic order” which requires full respect of individual
and people‟s fundamental freedoms and rights, to live together on the basis of equality and without
any sexual, religious or cultural discrimination.” Hence, any sort of “discrimination on the grounds
of race, nation, nationality, or other social origin, color, sex, language, religion, political or other
opinion, property, birth or other status” is prohibited under Article 25 of the Constitution.
The underlying principle of equality is reiterated in the Constitution that “all persons are equal
before the law and are entitled without any discrimination to the equal protection of the law.” This
prompts fairness amongst all factors of differences for inequality. Addressing the case of gender
equality, the Constitution under Article 7 accentuates that all provisions of the Constitution are
equally applicable for women. Article 35 of the Constitution guarantees equal rights for women in
marriage. The right of women in marriage is further dealt under Article 34 which reads that “men
and women, without any distinction, have the right to marry and create a family and have equal
rights while entering into and during marriage and at the time of divorce.”
Article 35 further provides that women have the right to acquire, administer, control, use and
transfer property. In connection with employment, this provision guarantees the equal rights and
opportunities of women in promotion, pay, and the transfer of pension entitlements. It also
guarantees the right to maternity leave, which might include prenatal leave, with full pay. Article 42
of the Constitution also guarantees women workers the right to equal pay for equal work with men.
The equal opportunities of woman in the formulation of national development policies, the
designing and execution of projects, particularly those projects affecting the interests of women, are
37