transfers50.” Therefore, measures should be taken “to encourage and strengthen the
family unit”.
The Domestic Violence Act of 2008 offers protection to victims of domestic violence
thereby deterring individuals from harming their families.
b. The Duty to Protect Rights of Women and Eliminate Discrimination
The Married Persons Property Act, 2014 makes provision for persons married
under customary law to opt for their property to be administered under civil law.
The new dispensation allows persons getting married under customary law to opt
either in or out of community of property.
Furthermore, the new law allows spouses whose joint property is administered
under civil law to be able to approach the High Court to change their marital
proprietary regime where their initial property regime ceases to be beneficial to
them. These new developments ensure equal rights for married persons whether
such marriages were contracted under civil law or customary law.
c. The Duty to Protect Rights of Children and Eliminate Discrimination
The Children’s Act of 2009 has ensured that parents have common responsibilities
towards their children. In particular, Section 27 on parental duties provides that
the primary duty to care for and maintain a child shall rest upon the biological
parents of the Child.
e. State Policy towards the Aged and People living with Disabilities
The State has put special measures for the protection of the aged and the disabled
in order to satisfy their physical and moral needs. According to the 2011
Population and Housing Census, about 2.9% of Botswana population (59.103
persons) live with disabilities. Out of this number, 28.721 are visually impaired,
11.981 are hearing impaired and 172 with physical impairment. Half of that
population is composed of children and the most common disabilities within that
group are physical (22.7%), mental (22.1%) and hearing impairment (19.8%).
The National Policy for People Living with Disabilities is currently being
reviewed and Government has taken the liberty to align the policy to the provisions
of the Convention on the Rights of Persons with Disabilities.
50
See National Strategic Vision, A long term Vision for Botswana, page 48
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