DOMESTIC FRAMEWORK CONSTITUTIONAL PROVISIONS THAT DIRECTLY ADDRESS CYBERBULLYING PREAMBLE AND FOUNDING PROVISIONS

DOMESTIC FRAMEWORK CONSTITUTIONAL PROVISIONS THAT DIRECTLY ADDRESS CYBERBULLYING PREAMBLE AND FOUNDING PROVISIONS

The Constitution stipulates that Zimbabwe is founded on the principles and values of fundamental human rights and freedoms, recognition of the inherent dignity and worth of each human being, recognition of the equality of all human beings and gender equality.

GENDER EQUALITY PROVISIONS

The equality and non-discrimination provision is a mirror reflection of article 1 of CEDAW. Section 56 provides the right to equality and freedom from discrimination. Section 56(1) provides that, ‘All persons are equal before the law and have the right to equal protection and benefit of the law’. Section 56(2) provides that, ‘Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. The recognition of this right is important as cyberbullying prevents women from accessing equal opportunities in political, economic, cultural and social spheres on the same basis as men.

Section 17(1), reads that, ‘the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men’. Chapter 1, illustrated the nexus between cyberbullying and the prevention of women from participating fully in society. Section 17(1) shows, that there exists a constitutional obligation upon the State to ensure that this is prevented.

b) Legal Aid

Most often, female victims are unable to pursue civil remedies against their perpetrators. It is submitted that section 31implies an obligation upon the State to assist female victims of cyberbullying who are unable to afford legal representation. Legal aid is particularly important in situations where there is unequal power in terms of socio-economic status in favour of the perpetrator.

DOMESTICATION OF INTERNATIONAL INSTRUMENTS

Section 34 stipulates the constitutional obligation on the State to domesticate all treaties and international agreements that Zimbabwe is party to. Zimbabwe is still yet to domesticate the most important treaty in relation to the protection of women’s rights, which is CEDAW.

RIGHT TO HUMAN DIGNITY

The right to dignity is provided under section 51 of the Constitution. The full wording reads,’ Every person has inherent dignity in their private and public life, and the right to have that dignity respected and protected’. Thus, Zimbabwe’s Constitution contains provisions that protect women’s right to dignity. Since the violation of human dignity is one of the effects of cyberbullying, the State, once again, has a constitutional mandate to protect women.