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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The enforcement of human rights of Zambian women: Sara Longwe v. Intercontinental Hotel revisited
Author:Kankasa-Mabula, Tukiya
Periodical:Zambia Law Journal
Notes:biblio. refs.
Geographic terms:Zambia
Central Africa
Subjects:human rights
offences against human rights
women's rights
gender discrimination
Sara Longwe v Intercontinental Hotel (legal case)
Abstract:The case of Sara Longwe v. Intercontinental Hotel is popularly acknowledged as the first women's human rights case to come before the Zambian courts. The case was filed by Sara Longwe as a test case against gender-specific discrimination and violation of freedom of movement. It was brought under articles 11 and 23 of the Zambian Constitution. In support, the petitioner cited relevant international instruments and principles that Zambia has ratified or adopted, namely the African Charter on Human and Peoples' Rights, the Convention on the Elimination of All Forms of Discrimination Against Women and the Bangalore Principles of 1980. Although favourably decided for the petitioner, the Sara Longwe case raises many disquieting issues of relevance to the enforcement of the human rights of Zambian women which were not resolved satisfactorily by the High Court. These include the question of the extent to which the Zambian Constitution can be relied upon in this respect, the current jurisprudence on violations by private individuals and bodies as opposed to public officials and bodies, and the position of Zambian law on the domestic application of international human rights norms and the significance of the Bangalore Principles. The Sara Longwe case demonstrates the need to transform the international human rights instruments that Zambia has ratified into domestic law. Notes, ref.