[...] no decision or action shall be taken whose result or likelihood is to
discriminate against any child on the basis of sex, family, colour, race, ethnicity,
place of origin, language, religion, economic status, parents, physical or mental
status, or any other status [...].
The Act therefore challenges the notion that children as minors have no say in
decisions affecting their welfare. The Act insists on children being allowed to
participate in matters concerning their well-being. Those born out of wedlock have
access to their fathers. Conversely, unmarried men, who are fathers, can therefore
have custody and access to their children. Further, the law requires that the
father’s name, whether or not the child is born in or out of wedlock, should appear
on the child’s birth certificate.
In GK v AG & Others6 the High Court of Botswana held that Section 4(2)(d)(i) of
the Adoption Act which allowed the adoption of a child born out of wedlock
without the consent of the biological father was discriminatory (against the
biological father) and therefore unconstitutional.
Addressing stereotypes and negative cultural practices
Despite government’s effort to promote equality before the law, especially gender
equality, certain roles continue to be performed along gender lines. There are still
challenges towards the absolute elimination of role stereotypes and negative
cultural practices. However, considerable strides have been made to protect and
promote equality before the law through the provisions of various legislations such
as the Domestic Violence Act and the Regulations thereto; the Children’s Act,
Abolition of Marital Power Act, among others.
Furthermore, the Government, in collaboration with civil society organisations and
with support from development partners, continues to implement initiatives aimed
at addressing stereotypes and negative cultural practices that reinforce
discrimination against women within religious and community settings. Such
initiatives include the “TAMAR Campaign” aimed at addressing violence against
women within religious settings; the “I Stories” written by survivors of gender based
violence; a fatherhood programme aimed at encouraging men and boys to be
partners with women in parenting and upbringing of children, as well as cultural
dialogues with different community groups across the country.
6
MAHGB-000291-14.
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