Re MURORUNKWERE

Re MURORUNKWERE

Article 354 of the penal code is inconsistent with the Constitution and international obligations because it prescribes different penalties for men and women for the same offence, constituting gender-based discrimination. The Supreme Court has the authority to repeal the discriminatory part and amend the remaining provision to ensure equal treatment and avoid a legal vacuum.

Citation
RS/INCONST/PÉN.0001/08/CS
Parties
Petitioner: Murorunkwere Spéciose; Respondent: State of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
26 September 2008
Case Number
RS/INCONST/PÉN.0001/08/CS
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Unconstitutional Legislation, Gender Discrimination, Penal Code Amendment, Adultery, Equal Protection
Source Language
en
Constitutional Law Criminal Law Gender Equality Unconstitutional Legislation Gender Discrimination Penal Code Amendment Adultery Equal Protection

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Parties

Murorunkwere Spéciose

Petitioner

State of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether article 354 of the Rwandan penal code is inconsistent with the Constitution regarding gender equality and non-discrimination
  2. 2 Whether the Supreme Court can repeal or amend part of a penal provision to ensure constitutional compliance

Ratio Decidendi

Article 354 of the penal code is inconsistent with the Constitution and international obligations because it prescribes different penalties for men and women for the same offence, constituting gender-based discrimination. The Supreme Court has the authority to repeal the discriminatory part and amend the remaining provision to ensure equal treatment and avoid a legal vacuum.

Court Disposition

petition allowed

Orders

  • First paragraph of article 354 of the penal code repealed.
  • Second paragraph of article 354 amended to include 'or a woman' after 'man'.