ECONOMIC, SOCIAL AND CULTURAL RIGHTS 48. The Commission is concerned about the non-justiciability of economic, social and cultural rights, given that these rights are not provided in the Constitution. The right to work 49. The Commission is concerned about the information provided in the Report which states that many of the unemployed are relatively young with low levels of education, work experience and have limited skills. Protection of the rights of persons living with HIV/AIDs 50. The Commission is concerned about: i. The fact that with a nationwide HIV prevalence of 18.5% and an adult prevalence of 24.3%, a large number of Batswana are either infected or affected by HIV and AIDS; ii. The higher prevalence of women to HIV, with women continuing to record high rates of HIV prevalence at 20.8% compared to their male counterparts who are at 15.6%; and iii. The high HIV and AIDS prevalence amongst children, with 58% of deaths among the under-fives attributable to HIV and AIDS. The right to culture 51. The Commission is concerned about the lack of recognition of minority languages in sectors including education and public services. Protection of the rights of women 52. The Commission is concerned with the following issues: i. The prevalence of gender based violence (GBV) in the country; and ii. The Marriage Act does not govern marriages contracted under customary and religious marriages. Protection of the rights of children 53. The Commission is concerned about: i. The continued use of corporal punishment in schools; and ii. The lack of official statistics on child marriage. 14