Towards Real Gender Equality at the Workplace: A Case for the Introduction of Paternity Leave in Zimbabwe

Abstract

This article examines the right of male employees to paternity leave, a contentious
issue in many jurisdictions, including Zimbabwe. Despite ongoing debates, the right to
paternity leave continues to gain global attention from human rights movements
advocating for workplace gender equality. The research argues that Zimbabwe should
recognise and implement paternity leave, especially considering its ratification of key
international and regional human rights and labour law instruments promoting gender
equality. The article explores international legal frameworks on gender equality and
emphasises the need to dismantle historical gender stereotypes to achieve true
equality. One effective way to do so is by promoting the equitable division of caregiving
responsibilities within households. While Zimbabwe’s Constitution guarantees the
right to non-discrimination and protection from unfair labour practices, it also permits
special measures to safeguard certain groups. Notably, the Constitution explicitly
guarantees women the right to maternity leave, but there is no equivalent provision for
paternity leave. Similarly, Zimbabwe’s Labour Act, the primary legislation governing
employment rights, does not recognise the denial of paternity leave as an unfair labour
practice, failing to align with the Constitution’s broader equality objectives. To offer
comparative insights, the article examines South Africa’s legal framework, which
grants male employees various forms of parental leave, including paternity and
adoption leave. The analysis of South Africa’s approach demonstrates a legal pathway
for integrating paternity leave into Zimbabwe’s labour law. Drawing from these
lessons, the article advocates for Zimbabwe to extend legal recognition to paternity
leave, ensuring greater gender equality in both the workplace and the home