[...] 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. 28 | P a g e

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