By Idriss Manganda
Women and girls with disabilities have been urged to understand and assert their legal rights as a critical step towards achieving equal access to justice and full participation in society.
The call was made during a Post-Commission on the Status of Women (CSW) Legal Clinic organised by the Zimbabwe Blind Women Trust, which brought together women and girls with disabilities, legal practitioners, government officials and development partners for discussions on legal empowerment, inclusion and access to justice.
The event marked another initiative by the Zimbabwe Blind Women Trust aimed at strengthening legal awareness and improving access to justice for women and girls with disabilities, who often face barriers in accessing legal services and protection mechanisms.
Speaking at the workshop, Law Officer Tatenda Chiodza from the Ministry of Justice, Legal and Parliamentary Affairs said Zimbabwe’s Constitution remains the primary legal instrument protecting the rights of persons with disabilities.
“The Constitution of Zimbabwe is the supreme law of the land. Any law, contract, custom or practice that is inconsistent with it is invalid,” Chiodza said.
“The Constitution guarantees the rights of persons with disabilities to participate in all facets of life. We should be seen participating in sports, politics, education, healthcare services and all sectors of society, including sexual and reproductive health services,” said Mr Chiodza.
Chiodza also explained that international treaties and protocols become binding only after ratification and domestication through Parliament in accordance with Section 327 of the Constitution.
The legal clinic examined both international and domestic legal frameworks that safeguard the rights of persons with disabilities, including the Universal Declaration of Human Rights, Zimbabwe’s National Disability Policy and disability-related legislation.
Principal Law Officer Advocate Chengeto Somerai from the Ministry of Justice, Legal and Parliamentary Affairs led discussions on marriage, divorce and property rights.
“For us to talk about divorce, we must start from the beginning, which is marriage,” she said.
Advocate Somerai outlined the three forms of unions recognised under Zimbabwean law — civil marriages, registered customary law marriages and unregistered customary law unions.
She explained that Zimbabwe follows an out-of-community-of-property system, meaning that property acquired during marriage is not automatically divided equally upon divorce.
“It is not automatic that property acquired during marriage will be shared equally upon divorce. Property distribution is largely determined by the contributions made by each spouse during the marriage,” she said.
Participants also received legal guidance on maintenance, child custody and access rights from legal practitioner Audrey Tatenda Dangirwa.
“Maintenance is financial support provided for the welfare and upkeep of a child and can be claimed even where parents remain married and live together,” Dangirwa said.
She explained that custody relates to the day-to-day care and welfare of a child, while access refers to the right of a non-custodial parent to spend time with the child.
“Our courts are guided by the best interests of the child, and both parents have equal responsibilities in caring for and supporting their children,” she said.
Representing Musasa Project, Charity Mushangu outlined support services available to survivors of domestic violence, including women with disabilities. She said Musasa Project provides counselling, legal referrals and protection services through offices in Harare, Bulawayo, Gweru, Mutare and Masvingo.
Participants were also educated on the provisions of the Domestic Violence Act and the legal protections available to survivors of abuse.
The event featured a performance by musician Beauty Ngwende, who performed her song Handichada, which advocates for women’s rights and an end to gender-based violence.
Facilitator Advocate Norest Isaac said the legal clinic sought to bridge information gaps and improve access to legal services for women and girls with disabilities.
“The programme focused on disability rights, divorce and property sharing, maintenance, child custody, domestic violence, social protection services and access to assistive devices,” he said.
Zimbabwe Blind Women Trust Chairperson Juels Daudi said empowering women with disabilities with legal knowledge was essential to ensuring they can effectively claim and protect their rights.
The programme covered key topics including divorce and property sharing, maintenance, access and child custody, disability rights, domestic violence, social protection services and access to assistive devices.
Attendees also benefited from an on-site legal aid desk, where they received legal advice, counselling and referrals to relevant service providers.
In closing remarks, Commissioner Sithole thanked participants, facilitators and partner organisations for contributing to the success of the programme.
The legal clinic underscored the importance of inclusive justice systems and legal awareness in ensuring that women and girls with disabilities are not left behind in the pursuit of equality, dignity and human rights.