Constitution of the Kingdom of Swaziland, 2005
eSwatini
authorises the imposition of restrictions upon the freedom of any person to reside in any part of
Swaziland.
27.
28.
29.
Rights and protection of the family
(1)
Men and women of marriageable age have a right to marry and found a family.
(2)
Marriage shall be entered into only with the free and full consent of the intending spouses.
(3)
The family is the natural and fundamental unit of society and is entitled to protection by the State.
(4)
Motherhood and childhood are entitled to special care and assistance by society and the State.
(5)
Society and the State have the duty to preserve and sustain the harmonious development, cohesion
and respect for the family and family values.
(6)
Subject to the availability of resources, the Goverrnment shall provide facilities and opportunities
necessary to enhance the welfare of the needy and the elderly.
Rights and freedoms of women
(1)
Women have the right to equal treatment with men and that right shall include equal opportunities
in political, economic and social activities.
(2)
Subject to the availability of resources, the Goverrnment shall provide facilities and opportunities
necessary to enhance the welfare of women to enable them to realise their full potential and
advancement.
(3)
A woman shall not be compelled to undergo or uphold any custom to which she is in conscience
opposed.
Rights of the child
(1)
A child has the right to be protected from engaging in work that constitutes a threat to the health,
education or development of that child.
(2)
A child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment
or punishment subject to lawful and moderate chastisement for purposes of correction.
(3)
The child has the right to be properly cared for and brought up by parents or other lawful authority
in place of parents.
(4)
Children whether born in or out of wedlock shall enjoy the same protection and rights.
(5)
Children have the duty to respect their parents at all times and to maintain those parents in case of
need.
(6)
Every Swazi child shall within three years of the commencement of this Constitution have the right
to free education in public schools at least up to the end of primary school, beginning with the first
grade.
(7)
Parliament shall enact laws necessary to ensure that—
(a)
a child has the right to the same measure of special care, assistance and maintenance as
is necessary for its development from its natural parents, except where those parents have
effectively surrendered their rights and responsibilities in respect of the child in accordance
with law;
(b)
a child is entitled to reasonable provision out of the estate of its parents;
(c)
parents undertake their natural right and obligation of care, maintenance and proper
upbringing of their children; and
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