CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

This by far represents the most important and comprehensive international instrument for ending gender violence against women. Zimbabwe ratified this treaty in 1991 but, is yet to domesticate the treaty. It is submitted that domestication of CEDAW would offer more protections for women from the harms of cyberbullying. Article 18 of the Banjul Charter requires states to ensure the elimination of every discrimination against women and ensure the protection of the rights of women. CEDAW defines discrimination as, “discrimination against women shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

CUSTOMARY INTERNATIONAL LAW

According to section 326(1) of the Constitution, customary international law is a part of the law of Zimbabwe in so far as it is consistent with the Constitution or an Act of Parliament. Section 326(2) goes on to state that,’ When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in Zimbabwe, in preference to an alternative interpretation inconsistent with that law’. According to the United Nations, opinio juris and State practice suggest that the prohibition of gender based violence against women has evolved into a principle of customary international law. This can be evidenced by the adoption of certain instruments such as the 1993 UN Declaration on the Elimination of Violence against Women and the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol). Article 19 of the Universal Declaration of Human Rights, binding on all States as a matter of customary international law, proclaims the right to freedom of expression in the following terms: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek to receive and impart information and ideas through any media regardless of frontiers. It can be argued that, under international and customary international law, Zimbabwe has strong legal obligations to prevent and prohibit cyberbullying of women as it is a form of gender based violence.