A gendered analysis of Section 48(2)(d) of the Zimbabwean Constitution of 2013
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The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death penalty for women but retained the same for men. Given Zimbabwe’s commitment to gender equality and respect for human dignity, this article argues that the disparity in the treatment of women and men under this section is not only inconsistent with the notion of gender equality and substantive equality, but also fails to comply with the rules of justifying the adoption of remedial measures. It is recommended that a better approach by the Constitution would be to abolish death penalty in its totality for both men and women.