Drafting the legislative preamble
The legislative preamble sets the stage for the entire piece of legislation. The following elements are important to a strong and inclusive legislative preamble:
- IT acknowledges that the root cause of violence against women is the subordinate status of women in society. (See: Declaration on the Elimination of Violence against Women (DEVAW), CEDAW, General Recommendation 12, General Recommendation 19, UN Secretary-General’s study on violence against women, Other Causes and Complicating Factors; The International Legal Framework, Stop VAW, Advocates for Human Rights);
- IT defines discrimination against women. United Nations Handbook for legislation against women, 3.1.1
- IT protects all women, with specific protections for populations such as women living with HIV/AIDS. United Nations Handbook for legislation against women, 3.1.3.
- IT excludes customary or religious justifications for the maltreatment of widows. United Nations Handbook for legislation against women, 3.1.5; the Report of the Special Rapporteur on violence against women, its causes and consequences, a framework for model legislation on domestic violence, 1996, E/CN.4/1996/53/Add.2; Uganda Constitution, Art. 37: Right to culture and similar rights: “Every Ugandan has a right as applicable to belong to, enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others” (emphasis added).
- IT states that the main principles of the legislation are to promote safety for the complainant/survivor and accountability for the perpetrator. (See: Drafting Domestic Violence Laws; United Nations Model Legislation, Stop VAW, Advocates for Human Rights IT states that everyone is entitled to equal rights and responsibilities as to marriage, during marriage and at its dissolution. (See: ICCPR and CEDAW);
- IT states that parents, regardless of their marital status, share equal rights and responsibilities, in matters relating to their children. (See: CEDAW)
- IT states that everyone is entitled to equality before the laws and in civil matters, and it states that women are entitled to equality with men in inheritance and property matters. (See: CEDAW)