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Protecting the right to freedom from discrimination in Zambia: Understanding the constitutional and legislative grounds
International Journal of Discrimination and the Law ( IF 1.2 ) Pub Date : 2019-09-01 , DOI: 10.1177/1358229119883099
Jamil Ddamulira Mujuzi 1
Affiliation  

The Constitution of Zambia prohibits discrimination in different articles and the grounds on which a person may not be discriminated against are included in two different constitutional provisions – Article 23(3) and Article 266. Apart from the Constitution, some pieces of legislation prohibit discrimination and provide for grounds against which a person may not be discriminated against which are not provided for in the Constitution. Jurisprudence from Zambian courts has not been consistent on the question of whether the list of the grounds against which a person may not be discriminated against is exhaustive. With the exception of the ground of disability, the Constitution does not define the other grounds on which a person may not be discriminated against. In this article, it is argued, inter alia, that the existence of two constitutional provisions providing for different grounds could create uncertainty among some litigants and judicial officials and that in cases where the Constitution does not define the grounds of discrimination, courts could resort to relevant case law, legislation or dictionaries to define such grounds.

中文翻译:

保护赞比亚不受歧视的自由权:了解宪法和立法依据

赞比亚宪法在不同的条款中禁止歧视,并且在两个不同的宪法条款中包含了一个人不得受到歧视的理由——第 23(3) 条和第 266 条。除了宪法,一些立法禁止歧视和规定一个人不得受到歧视的理由,而这些理由在宪法中没有规定。赞比亚法院的判例在一个人不得受到歧视的理由清单是否详尽无遗的问题上并不一致。除残疾理由外,《宪法》没有界定不得歧视个人的其他理由。在这篇文章中,除其他外,它认为,
更新日期:2019-09-01
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