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Rwanda Case Law

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Constitutional law RS/INCONST/PÉN.0001/08/CS

Re MURORUNKWERE

Court
Supreme Court
Case number
RS/INCONST/PÉN.0001/08/CS

Article 354 of the Penal Code is unconstitutional as it prescribes different penalties for men and women convicted of the same offense (adultery), constituting discrimination based on sex contrary to the Constitution and international obligations. The appropriate remedy is to sever the first paragraph (concerning women) and amend the second paragraph (concerning men) by reading in the words 'or woman' after 'man', so that the provision applies equally to both sexes, thereby curing the constitutional defect without creating a legal vacuum.

Source excerpt

  • Discrimination based on sex
  • Constitutionality of penal provisions
  • Equal protection
  • Adultery laws
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Constitutional law RS/INCONST/PÉN.0001/08/CS

Re MURORUNKWERE

Court
Supreme Court
Case number
RS/INCONST/PÉN.0001/08/CS

The Supreme Court held that article 354 of Rwanda’s penal code was discriminatory because it punished adultery by men and women differently, and it amended the provision to ensure equality.

  • Unconstitutional legislation
  • Gender discrimination
  • Penal code amendment
  • Adultery
  • Equal protection
  • Constitutional-law
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.