Woman's rights in transitional
Constitution—2005

In the Name of Allah
The Most Gracious The Most Merciful
Woman's rights in the transitional national constitution 2005
The transitional constitution stipulated in its second chapter (the human rights document) all the human rights which are provided for in the international conventions .these rights are of tow types :general basic rights which are enjoyed by all e elected for political people in Sudan., and special rights accorded all All citizens on equal footing men and woman alike.
 The rights document specified additional special rights for women that suite their nature as mothers and rising their children.
As for general rights, namely, to live in human dignity and personal freedom, are enjoyed by all people resident in Sudan, irrespective of whether they are national, foreigners, men or women. They are not be subjected to unlawful arrest. Detention, serfdom, slavery or encroach on his/her private life and family affairs, housing and correspondence. All people are equal in front of the law, without discrimination because of race, color, sex, language, religious belief, political affiliation or opinion or ethnic origin; like wise, nobody shall be subjected to torture or inhuman treatment. Also, everybody has the right to freedom belief, worship and to use in a court of a law and fair trial.
The rights specified for citizens, men and women, are political rights namely freedom of expression, affiliation to organization of their choice, including the right to form political parties, societies, trade unions and professional associations.
Every citizen has the right to participate in the public affairs, such as the right to elect and to bpositions, freedom of movement, residence, ownership, education and health care.
The constitution explicitly guaranteed women equitable rights to those enjoyed by men the civil, political. Social, cultural,  and economic fields. These rights include occupying public jobs and equal wage. The constitution further bestowed on women positive discrimination to enhance their rights and to combat habits that belittle their dignity and position, and to provide for her health care in pregnancy and motherhood and to protect child rights affirmed in international agreements.
Sudan is considered to be among the first Arab, Islamic and African states where women gained their rights. Women participated in the first elections leading to independence, elected members of parliament, chosen as ministers in central government, promoted in equal footing with her men counterparts in civil service up to undersecretary of ministries, they became judges. Up to the level of the high court. They also worked as advocates, legal counselors in the ministry of justice, doctors, university lecturers and in all the fields of knowledge. Women entrepreneurs are not uncommon in Sudan as they formed Business-women union.
As for equality in front of law, its enough to prove this equality with men, in taken oath as witnesses in courts of law whether commercial, financial or criminal courts. This does not contradict shariaa law as some people may think, as a women witness is only required to be wise and Knowledgeable of what she gives as witness equally as required of men witnesses. This is because when god Almighty, in requiring the witness two women as one witness, in cases of trade and money,   provide this for the probability of the forgetfulness of the rules of trade. So, if forgetfulness is negated, and women became well conversed and educated in trade, medicine, engineering or any other field, there shall be no justification for reducing her equal right to witness to half. Even though, womens witness is sometimes preferred to that of men, especially in matters which concern womens affairs This  is because women know these affairs better than men. Therefore, the Sudanese law of evidence followed shariaa scholar AL Imam IbnAl-Qayim and does not distinguish between men and women as witnesse in courts of law. The Sudanese law further allowed women to be judges, following Al imam ALtabary (another renouned shariaa scholar).
Women working in the judiciary are about 50 judges. 33  Appeal court judges and 6 high court judges. To compare this with Egypt with its known history in the field of the judiciary, Egyptian women were only able to become judges two years ago.

The transitional constitution of Sudan
After the achievement of the government of the republic of the Sudan of the comprehensive peace Agreement (CPA) which put a conclusive end to the longest conflict in the African continent which was signed in January, 2005, the government of the Sudan declared its endorsement of the transitional constitution as a supreme law for governing the country, which came in to force in july, 2005.
The government of the Sudan pledged In this constitution to establish decentralized democratic and plural system which guarantee the peaceful circulation of power elevation of values, justices, equality, preservation of human dignity and the equality of men and women in terms of rights and duties. Also its is committed to necessity of the orientation of the government in the coming phase toward the strengthening of the economic growth consolidation of social accord deepening religious tolerance, and confidence building between the entire people of the Sudan.
The constitution tacked the women status from two perspectives;
The first : the women as a human being,   who has the same rights and duties as man.
The second: the women as a female which differs in terms of gender from man.
 The constitution presented these two issues as follow:
Firstly: women status as human being
Woman is a human being enjoys all the right and freedom provided for by the constitution, hence she especially enjoys the following rights:
LIFE AND HUMAN DIGINTY:
This is an inherent right for every person for life, dignity and personal safety and the law protects this right and no person should arbitrarily denied of life.
Personal freedom:-
This right guarantees for woman the right of belief and she should not be subjected to arrest or detention and she  should not be creed her freedom or restricted except for reasons and in accordance to procedure to be determined by law.
Freedom of belief and worshipping:
Woman has the right for freedom of religious belief and she has the right to pronounce her religion or creed or to express them through worshipping education, practicing, or performance, or retrials of the law and public order, and no person is forced to embrace or practicing rituals or rites which he doesn't accepting voluntarily.
Freedom of expression and information:       
 
This right guarantees for woman the freedom of expression and to receive and disseminate of information and publication and to access to the press, with prejudges to the order safety, public morals, in accordance to what law provides.
The right of education:
Education is a right for every citizen and the state should guarantee the access to it without discrimination  in terms of religion, ethnic, race, gender or disability.
The state was committed in this constitution for the promotion of education in all its levels in the entire parts of the past, the provision of free and compulsory education in the basic level, and illiteracy eradication programs.
Primary Health Care:
This right guarantees to women the decent living and guarantees her care and assistant, especially health care for the mothers, children and pregnant.
The right of ownership:
This right saves women right to owner and possess, in accordance to the law, hence her private property should not subjected to expropriation, expect under(the law of public interest) and in exchange for affairs and forthwith compensation.
Freedom of association and organization:
This right guarantees freedom of peaceful association, and like every individual, women has the right for freedom of organization with others, including the establishment of political parties, societies, trade unions, vocational associations for joining them.
Right of suffrage:
Like every citizen, who reached the age determinate by the constitution, or the law woman has the right to elect and to be elected  in the regular election, which guarantees free expressions of the electors who will be conducted according to the general secret election.
Privacy:
The privacy of any person must not been violated, and must not intervene in the family or private life of any persons deviling or correspondences, except, under the law.
The right to work and hold public functions:
 
Women has the right to suitable work in exchange fare salary like a man, she has an equal work, and she has right to participate in running her country.
The right of litigation:
Woman has the right to litigate, complain and address to the public authority. This right represent as a key guarantee for a woman in case of contravention in her rights.
Citizenship and nationality:
This constitution gives everyone porn to a Sudanese mother (or father ), the right to enjoy Sudanese nationality and citizenship, as well as every Sudanese woman may gain another county's nationality accordance to the law.
Woman Status As A female
in addition to the previous rights, the transitional constitution of the Sudan provided many rights regarding woman,  especially, strengthening her legal situation as effective member in the community and these rights are:-
1-The right of equality:-
The article(31)of the constitution states that: "human being are equal before the law and they have the right to enjoy the protection of law without discrimination due to race, or color, or nationality, language, religious, or political opinion, ethnic origin" hence, the constitution affirm three principles regarding the woman status.
(A)        Principle of Equality: means that the entire individuals, man  and woman are equal before the law.  
(B)        Principle of justice and non discrimination in terms of gender:-
Therefore no discrimination shall be made between man and woman in the enjoyment of rights and freedoms.
(c)citizenship: the constitution affirms the principle of citizenship, as a basic concept in which the articles of constitution ar5e based, taking into consideration that  the citizenship includes man and woman equally. 
(2)the right to protect  the family and motherhood:
The transitional constitution of the Sudan affirms the countrys protection for the family because it considered as a basic of society and affirms as well on the right of woman and child. therefore, the article(32) states the following:
(A)          The state guarantees equality to man and woman in enjoying the full civil, political, cultural and economical rights and are enjoy equal salary for equal work and other employment facilities. The state affirms the woman rights the positive discrimination.
(B)          The state should work very hard in fighting the unpleasant customs and traditions which are reducing the woman dignity and status.
(C)          The state should provide health welfare for motherhood, childhood and pregnant.
(D)          The state should protect the Childs Right as  it set out in the national and international agreements which were signed by the Sudan.
(3)The right of fulfillment of international commitment.
The  article (3) 72 of the transitional constitution of the Sudan has affirmed that all rights of freedom set out in the international agreement constitution of human right, signed by  the republic of the Sudan, are abiding. This commitment shows an extreme ,importance regarding woman's statues. This importance stems from consideration of international agreements constitution of human right with the woman's right.

BILL OF RIGHTS
 
Nature of the bill of rights
27/(1)the bill of rights is a covenant among the Sudanese people and between them and their governments at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this constitution. It is the cornerstone of social justice, equality and democracy in the Sudan.
(2) The state shall protect, promote, guarantee and implement this bill.
(3) All rights and freedoms enshrined in  international human rights treaties, covenants and instruments, ratified by the republic of the Sudan shall be an integral part of this bill.
(4) Legislation shall regulate the rights and freedoms enshrined in this bill  and shall not detract from or derogate any of these rights.
Life and human dignity:-
28/ every human being has  the inherent right to life, dignity and the integrity of his/her person, which shall be protected by law, no one shall arbitrarily be deprived of his /her life.
Personal liberty:-
29/every person has the right to liberty and security of person, no person shall be subjected to arrest, detention, deprivation or restriction of his/her liberty expect for reasons and in accordance with procedures prescribed by law.
Sanctity from slavery and forced labour:
30/(1) slavery and slave trade in every form is prohibited. No person shall be held in slavery or servitude.
(2)no person shall be required  to perform forced or compulsory labour expect as a penalty upon convention by a competent court of law.
Equality before the law :
31/All persons are equal before the law and are entitled without discrimination, as to race, color, sex, language, religious creed, political opinion, or ethnic origin, to the equal protection of the law.
Rights of women and children:-
32/ (1)the state shall guarantee equal right of men and woman to the enjoyment of all civil, political, social, cultural and economic rights, including the right to equal pay for equal work and  other related benefits.
(2) The state shall promote woman rights through affirmative action.
(3) The state shall combat harmful customs and traditions which undermine the dignity and the status of women .
(4) The State shall provide maternity and child care and medical care for pregnant woman.
(5) The state shall protect the rights of the child as provided in the international and regional conventions ratified by the Sudan.
Sanctity from torture:-
33/no person shall be subjected to torture or  to cruel,  inhuman or degrading treatment.
Fair trial:-
(1) An accused  is presumed to be innocent until his/her guilt is proved according to the law.
(2) Every person who is arrested shall be informed, at the time of arrest, of the reasons for his /her arrest and shall be promptly informed of any charges against him /her.
(3) In a civil and criminal proceedings, every person shall be entitled to a far and public hearing by an ordinary competent court of law in accordance with procedures prescribed by law.
(4)No person shall be charged of any act or omission which did not constitute an offence at the time  of its commission.
(5) Any person shall be entitled to be tried in his /her presence in any criminal charge without undue delay, the law Shall regulate trial in absentia.
(6) any accused person has the right to defend himself/herself in person or through a lawyer of his/her own choice and to have legal aid         assigned  to him/her by the state where he/she is unable to defend himself /herself in serious offence.
Right to litigation:-
35/the right to litigation shall be guaranteed for all persons, no person shall be denied the right to resort to justice.
Restriction on death penalty:-
36/(1) no death penalty shall be imposed, save as retribution, huhud or punishment for extremely serious offence in accordance with the law.
(2) the death penalty shall not be imposed on a person under the age of eighteen or a person who  has attained the age of seventy expect in cases of retribution or hudud.
(3) No death penalty shall be executed upon pregnant or lactating women, save after two years of lactating.
Privacy;-
The privacy of all persons shall be inviolable, no person shall be subjected to interference with his/her private life, family,  home or correspondence, save in accordance with the law.
Freedom of creed and worship:-
38/every person shall have the right to the freedom of religious creed and worship, and to declare his/her religion or creed and manifest the same, by way of worship, education, practice or performance of rites  or ceremonies, subject to requirements of law and public order, no person shall be coerced to adopt such faith, that she/he does not believe in, nor  to practice rites  or services to which he/ she does not voluntarily.
freedom of expression and media :-
39 /(1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law.
    (2) the state shall guarantee the freedom of the press and  other media as shall be regulated b y law in a democratic society.
    (3) All media shall abide  by professional ethic, shall refrain from inciting religious, ethnic, racial, or cultural hatred and shall not agitate  for violence or war.
 Freedom of assembly and association
 
40\(1)the right to peaceful assembly shall be guaranteed .every person shall have the right to freedom of association with others  including the right to from or join political  parties association and trade or professional unions for the protection of his\her interests
(2) formation and registration of political parties associations and trade  union shall be regulated by law as is necessary in democratic society.
(3)\no association shall function as apolitical  party at national southern Sudan or state levee unless it has:
 
(a)\   its membership open to any Sudanese irrespective of religion ethnic organ or place of birth
(b)    programme that does not contradict the provisions of t his constitution
(c)    democratically elected leadership and institution
(d)   disclosed and and transparent sours of funding
 
Right to VOTE
41\  (1) every citizen shall have the right to take part in the conduct of public affairs through voting ass shall  be regulated by law
(2) Every citizen who has attained the age specified by this constitution or the law shall have the right to elect and be elected in periodic elections through universal adult suffrage in secret ballot which shall guarantee the free expression of the will of the electorate.
 
Freedom of movement  and Residence
42/ (1) Every citizen shall have the right to freedom of movement and the liberty to choose his/ her residence except for reasons of public health and safety as shall be regulated by law.
(2) Every citizen shall have the right to leave the country as shall be regulated by law and shall have the right of return
 
 
Right to own property
43/ (1) Every citizen shall have the right to acquire or own property as regulated by law.
(2)No private property may be expropriated save by law in the public interest and consideration for prompt and fair compensation.
No private property shall be confiscated save by an order of a court of law.
Right to Education
44/(1) Education is aright for every citizen and the state shall provide access to education without discrimination as to religion,rce, ethnicity, gender or disability.
(2) Primary education is compulsory and the state shall provide it free.
 
 
Rights of persons with Special Needs and the Elderly
45/(1) The state shall guarantee to persons with special needs the enjoyment of all the rights and freedoms set out in this Constitution, employment and full participation in society.
(2) The elderly shall have the right to respect of their dignity.
The state shall provide them with the necessary care and medical services as shall be regulated by law.
Public of Health care
46/ The state shall promote public health, establish. Rehabilitate basic medical and diagnostic institutions , provide free primary health care and emergency services for all citizens.
Ethnic and cultural communities
47/ Ethnic and cultural communities shall have the rights to freely enjoy and develop their particular cultures, members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the framework of their respective cultures and customs.
Sanctity of Rights and freedoms
48/ subject to Article 211 herein, no derogation from the rights and freedoms enshrined in this Bill shall be made . The Bill of Rights shall be upheld , protected and applied by the Constitutional Court and other competent courts , the Human Rights Commission shall monitor its application in the State pursuant to Article 142 herein .