Zambia: marriage, divorce, inheritance and abortion

Fundamental rights. Part III of the Constitution, enforced by the High Court under Article 28, with a Human Rights Commission alongside.

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The country in brief

Location map — Zambia
Zambia. Simplified location map — Natural Earth data, public domain.

The country's law, area by area

Marriage, partnership and divorce

Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce

Children, family and inheritance

Names · Adoption · Assisted reproduction · Childcare · Step-families · Inheritance

Contraception, abortion, sexuality and drugs

Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco

Violence, consent and sexual offences

Consent and age of consent · Domestic violence · Female genital mutilation · Sexual offences committed abroad

Online: privacy, image, data and scams

Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams

Health: pregnancy, STIs and care

Pregnancy · Periods and period products · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV

Fundamental rights

Key points

ConstitutionPart III, Bill of Rights
Article 28Application to the High Court for redress
Referendum requirementExpanding the Bill of Rights requires a referendum, which has not passed
Human Rights CommissionInvestigates and recommends; no power to award compensation
Legal Aid BoardStatutory legal aid, subject to means
Directive principlesSocio-economic rights sit there and are not directly enforceable
CommissionInvestigates and recommends but cannot award compensation

Understanding the rules

Part III of the Constitution contains the Bill of Rights, largely in its pre-1996 form because attempts to expand it have required a referendum that has not succeeded. Article 28 allows a person who alleges a contravention to apply to the High Court for redress. The Human Rights Commission investigates complaints, particularly against state agencies, and makes recommendations.

In practice

  • Frame claims around the enforceable civil and political rights in Part III.

Where to go

Worth knowing

Socio-economic rights sit in the directive principles rather than the Bill of Rights and are not directly enforceable: claims have to be framed around the enforceable civil and political rights. Socio-economic rights are not justiciable in Zambia. Claims must be built on the enforceable rights in the Bill of Rights.

The general article: Fundamental rights · Compare with another country

Advice

Sources

Whole page

  1. The Children's Code Act, 2022 (Act No. 12 of 2022) — Parlement de Zambie (National Assembly of Zambia), texte de la loi, 2022
  2. The Matrimonial Causes (Amendment) Act, 2024 (Act No. 6 of 2024) — Parlement de Zambie (National Assembly of Zambia), texte de la loi, 2024
  3. The Anti-Gender-Based Violence (Amendment) Act, 2026 (Act No. 28 of 2026) — Parlement de Zambie (National Assembly of Zambia), texte de la loi, 2026
  4. Women, Business and the Law 2024: Zambia — Banque mondiale, Women, Business and the Law (WBL), 2024

Fundamental rights

  1. Zambia 1991 (rev. 2016) Constitution — Constitution de la Zambie (texte publié par Constitute Project), 2016

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

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Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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