Definition of a Woman – Scotland v Tanzania

I read that Scotland recently ruled that the legal definition of a woman refers to biological sex. This ruling has implications for individual rights, which may affect women and people identifying as women in Scotland. Out of curiosity, I wanted to know whether Tanzania has a similar law defining a woman. Also, does the law distinguish between gender and biological identity?
BN, Arusha

We are pleased with your interest in law. Yes, it is true that the UK Supreme Court ruled in April 2025 that the legal definition of a woman under the Equality Act 2010 refers to biological sex, meaning transgender women with gender recognition certificates are not legally considered women. The ruling stemmed from a challenge by the campaign group For Women Scotland, which argued that sex-based protections should apply only to biological females. The decision has implications for single-sex spaces, employment rights, and public sector representation.In Tanzania, there is no specific law that defines ‘woman’ in the same manner as Scotland’s ruling. However, various Tanzanian laws recognise gender distinctions in specific contexts. For example, the Law of Marriage Act, Cap. 29 [R.E 2019] acknowledges gender-based rights in marriage, while the Land Act, Cap. 113 [R.E 2019] and the Village Land Act, Cap. [114 R.E 2019] establishes women’s rights to land ownership and inheritance. Additionally, Articles 12 and 13 of the Constitution of Tanzania, 1977 guarantee equality of all human beings and equality before the law, ensuring that women and men have equal legal protections.

Therefore, unlike Scotland, Tanzania does not have a legal framework explicitly distinguishing biological sex (male or female) from gender identity (man or woman) in legal definitions. However, gender-related legal matters are often interpreted based on customary law, statutory provisions, and judicial precedents. There has not been a case where gender and biological identities have come under scrutiny. However, if a legal dispute arises regarding gender definitions, Courts may rely on existing laws and constitutional principles to determine the appropriate interpretation. The Scotland case may also provide guidance to Tanzanian courts since decisions of Courts in other Commonwealth jurisdictions are persuasive to Tanzanian Courts. Your lawyer can provide you with further clarification.