DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Zambia
Southern Africa · Country law profile
Zambia: women’s rights and civic space laws
Zambia has made several recent legal reforms for women and girls: the Marriage (Amendment) Act No. 13 of 2023 set 18 as the minimum age for all marriages including customary ones, and the Constitution (Amendment) Act No. 7 of 2025 created 20 proportional-representation seats reserved for women from the August 2026 election. Women held only 15% of National Assembly seats before that election, and Article 23 of the Constitution still allows discrimination in personal and customary law. The CEDAW Committee found in 2011 that marital rape was not explicitly criminalised.
At a glance
| Capital | Lusaka |
|---|---|
| Legal system | Dual system: English common law and statutory law alongside customary law, which governs many personal and family matters |
| Official languages | English |
Key indicators
18Minimum legal age of marriage, no exceptions (2023)
24%Girls married before 18, down from 42% in 2002 (2024)
4%Girls married before 15 (2024)
81.3World Bank Women, Business and the Law (2024)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | signed 03/08/2005 / ratified 02/05/2006 / deposited 07/06/2006 | |
| African Charter on the Rights and Welfare of the Child | Ratified 2008 (as noted by the CEDAW Committee in 2011) | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | signed 29/01/2016 / ratified 15/12/2020 |
Constitution
| Constitution | Constitution of Zambia, 1991, as amended in 2016 and by the Constitution of Zambia (Amendment) Act No. 7 of 2025 |
|---|---|
| Equality guarantees | Article 23 prohibits discrimination, but Article 23(4) exempts personal law (marriage, divorce, devolution of property) and customary law from the non-discrimination guarantee, a provision the CEDAW Committee has criticised |
| Quotas or parity | Act No. 7 of 2025 (signed 18 December 2025) introduced a mixed-member proportional system with 40 reserved seats: 20 for women, 15 for youth and 5 for persons with disabilities |
National laws
Gender-based and domestic violence
Anti-Gender-Based Violence Act, 2011
Provides for protection orders and shelters for survivors of gender-based violence.
Gaps: The CEDAW Committee noted marital rape is not explicitly recognised in the Act or the Penal Code.
Source: hrlibrary.umn.edu
Rape and sexual offences
Penal Code (Cap. 87)
Criminalises rape and other sexual offences.
Source: hrlibrary.umn.edu
Child marriage and age of marriage
Marriage (Amendment) Act No. 13 of 2023; Children’s Code Act, 2022
Sets 18 as the minimum age for all marriages, with no exceptions, and extends this to customary marriages; marriages involving children are void.
Gaps: Implementation and prosecution remain weak.
Family and personal status
Marriage Act (Cap. 50) and customary law, protected by Article 23(4) of the Constitution
Statutory marriages are governed by the Marriage Act; customary marriages, polygamy and divorce under customary law are governed by customary law.
Gaps: Article 23(4) exempts personal and customary law from the non-discrimination clause; the CEDAW Committee urged that statutory law prevail over customary practices.
Source: hrlibrary.umn.edu
Abortion and sexual and reproductive health
Termination of Pregnancy Act, 1972; Penal Code amendment of 2005
Allows abortion where continuing the pregnancy risks the woman’s life or health or that of her existing children, or where there is substantial risk of fetal abnormality; the 2005 Penal Code amendment added pregnancy resulting from rape or defilement.
Gaps: The CEDAW Committee recommended raising awareness that the law permits safe abortion and improving post-abortion care.
Source: hrlibrary.umn.edu
Political participation and quotas
Constitution of Zambia (Amendment) Act No. 7 of 2025
Created 20 proportional-representation seats for women (plus 15 for youth and 5 for persons with disabilities) and expanded constituencies from 156 to 211, applied for the first time in the 13 August 2026 elections.
Gaps: Civil society criticised the limited consultation and the small number of reserved seats.
Source: openzambia.com, dabafinance.com
Online violence and cybercrime
Cyber Crimes Act No. 4 of 2025; Cyber Security Act No. 3 of 2025 (both signed 8 April 2025)
Creates offences for harassment and deceptive electronic communications and grants surveillance powers.
Gaps: Civil society criticises vague definitions and excessive surveillance powers; the Act was used to arrest opposition leaders in early 2026.
Source: monitor.civicus.org, monitor.civicus.org
Human rights defenders
No specific law documented
No dedicated protection framework for human rights defenders identified.
Source: capacity4dev.europa.eu
Family and personal status
Gender Equity and Equality Act No. 22 of 2015
Domesticates CEDAW by prohibiting discrimination against women and guaranteeing equal rights in marriage, employment, education and property.
Source: docstore.ohchr.org
Family and personal status
Matrimonial Causes Act, 2007
Governs divorce and judicial separation for statutory marriages. It also governs related property and custody disputes.
Source: docstore.ohchr.org
Female genital mutilation
Children’s Code Act No. 12 of 2022
Prohibits female genital mutilation and other discriminatory cultural practices affecting children.
Gaps: Adult women are not covered by this child-focused prohibition.
Source: docstore.ohchr.org
Harmful practices
Penal Code, Chapter 87, section 157
Criminalises harmful cultural practices including sexual cleansing of widows.
Source: docstore.ohchr.org
Inheritance and succession
Intestate Succession Act, Chapter 59
Sets shares of an intestate estate for the surviving spouse, children, parents and dependants and penalises property grabbing.
Gaps: The State reports that women’s inheritance rights still face obstacles in practice.
Source: docstore.ohchr.org
Land and property
Lands Act, Chapter 184, implemented through the National Lands Policy 2019
Regulates land administration; the 2019 policy sets a target of allocating 50 percent of land to women.
Gaps: Women held 34 percent of allocations by December 2023, below the 50 percent target.
Source: docstore.ohchr.org
Abortion and sexual and reproductive health
National Health Insurance Act No. 2 of 2018
Establishes national health insurance to provide universal access to quality insured health services, including maternal care.
Source: docstore.ohchr.org
Girls’ education
Education Act No. 23 of 2011
Sections 17 and 18 prohibit marrying a learner and require school attendance; the 1997 re-entry policy allows pregnant girls to return, with readmissions rising from 7,391 in 2014 to 16,934 in 2024.
Gaps: Re-entry rests on policy and is not written into statute.
Source: docstore.ohchr.org
Labour and maternity
Employment Code Act No. 3 of 2019
Grants 14 weeks of maternity leave (section 41) and prohibits dismissal on grounds of pregnancy (section 43). It also bans discrimination in employment.
Source: docstore.ohchr.org
Social protection
National Pension Scheme (Amendment) Act No. 20 of 2022
Provides pension benefits on equal terms for women and men; Statutory Instrument No. 72 of 2019 extends the scheme to the informal sector with maternity benefits.
Source: docstore.ohchr.org
Trafficking
Anti-Human Trafficking Act, as amended by Act No. 16 of 2022
Criminalises trafficking in persons and establishes an Anti-Human Trafficking Department to investigate and prosecute. The Department also coordinates prevention.
Source: docstore.ohchr.org
Access to justice and legal aid
Legal Aid Act No. 1 of 2021
Provides civil and criminal legal aid to indigent persons, complemented by the National Legal Aid Clinic for Women.
Source: docstore.ohchr.org
Access to justice and legal aid
Local Courts Act, Chapter 29, section 10
Allows local courts to apply customary law only where it is not repugnant to natural justice or inconsistent with written law.
Source: docstore.ohchr.org
Data protection
Data Protection Act, 2021
Regulates the collection and processing of personal data and protects privacy.
Source: docstore.ohchr.org
Women and girls with disabilities
Persons with Disabilities Act No. 6 of 2012
Protects the rights of persons with disabilities and provides incentives for their inclusion.
Source: docstore.ohchr.org
Human rights defenders
Non-Governmental Organisations Act, 2009
Regulates the registration and operation of civil society organisations, including those working on women’s rights.
Source: docstore.ohchr.org
Same-sex relations
Penal Code, Chapter 87, sections 155, 156 and 158
Criminalises unnatural offences and indecent practices between persons of the same sex, with section 158 applying to women as well as men.
Gaps: Penalties reach up to 14 years of imprisonment.
Source: humandignitytrust.org
Civic space
| CIVICUS Monitor rating | Obstructed (score 53/100) |
|---|---|
| Press and media law | Access to Information Act (in force June 2024); Independent Broadcasting Authority Bill 2025 raised concerns over online content; criminal defamation of the president repealed in 2022 |
| Cybercrime law | Cyber Crimes Act No. 4 of 2025 and Cyber Security Act No. 3 of 2025 |
| Public order and counter-terrorism | Public Order Act (1955) still used to arrest opposition members; Public Gatherings Bill No. 71 of 2026 passed on 12 May 2026 and returned to Parliament by the President in June 2026; Anti-Terrorism Bill introduced November 2024 |
Recent developments
- 23 September 2026. National Prosecution Authority training to strengthen prosecution of child marriage under the 2023 Act.
- May to June 2026. Public Gatherings Bill No. 71 of 2026 passed and then returned to Parliament by the President for reconsideration.
- January to March 2026. Opposition leaders arrested under the Cyber Crimes Act ahead of the August 2026 elections.
- 18 December 2025. Constitution (Amendment) Act No. 7 of 2025 signed, creating reserved seats for women, youth and persons with disabilities.
- 8 April 2025. Cyber Security Act No. 3 and Cyber Crimes Act No. 4 of 2025 signed into law.
- 22 December 2023. Parliament passed the Marriage (Amendment) Act No. 13 of 2023, outlawing marriage under 18 including customary marriage.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Amend Article 23(4) of the Constitution so that customary and personal law are subject to the non-discrimination guarantee (CEDAW Committee).
- Explicitly criminalise marital rape in the Penal Code and the Anti-Gender-Based Violence Act (CEDAW Committee).
- Strengthen enforcement of the Marriage (Amendment) Act 2023 and ensure statutory law prevails over customary practices in family matters.
- Revise the Cyber Crimes Act 2025 and the Public Gatherings Bill to remove vague offences and excessive state powers (CIVICUS).
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: sexual harassment, nationality, older persons. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 9 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Ratified 02/05/2006 | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 10/01/1984 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 02/12/2008 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Ratified 28/12/2022 | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Ratified 31/05/2011 | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Not signed | 22/05/2026 |
| Protocol on the Rights of Older Persons | Signed 2016, not ratified | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Ratified 16/09/2009 | 19/09/2023 |
| OAU Refugee Convention | Ratified 30/07/1973 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 30/03/2007 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Ratified 15/12/2020 | 02/02/2026 |
Other AU treaties (16)
Sources (18)
- equalitynow.org · illegal to marry below 18 zambia passes the landmark marr…
- girlsnotbrides.org · zambia
- wbl.worldbank.org · WBL2024 Economy Scores
- wbl.worldbank.org · WBL2024 Profile AFE
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- hrlibrary.umn.edu · cedaw zambia2011
- openzambia.com · hh signs bill 7 into law ushering in new era of inclusive…
- npa.gov.zm · strengthening prosecutorial capacity to end child marriage
- dabafinance.com · zambia parliament approves constitution amendment bill 7
- monitor.civicus.org · new restrictive laws raise concerns
- monitor.civicus.org · civic space faces constraints ahead of 2026 elections
- capacity4dev.europa.eu · 3cdf12cc fade 4fdb a48b f33e4e3be833 en
- monitor.civicus.org · zambia
- esaro.unfpa.org · zambia takes bold steps end child marriage landmark law
- data.ipu.org · data on women
- achpr.au.int · 3852
- docstore.ohchr.org · CEDAW state report CEDAW/C/ZMB/7-9
- humandignitytrust.org · Human Dignity Trust country profile: Zambia
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.