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Health institutions working to deny children of their right to identity - Child Law Bulletin March 2010
Justice for Children Trust
March 01, 2010

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The government of Zimbabwe has made significant progress in making health institutions accessible to people including those in rural areas by establishing hospitals and clinics throughout the country. There have been campaigns to encourage pregnant women to register and give birth at these institutions. The Ministry of Home Affairs then took advantage of the widespread institutions to facilitate the acquisition of birth certificates by requiring that children born there are issued with birth confirmation records. An official within the Registrar General's department indicated that the birth confirmation records are supposed to be issued free of charge.

Justice For Children Trust has however uncovered a disturbing development at some health institutions in which health officials are withholding birth confirmation records of those mothers who would not have settled their bills for maternal fees with the institutions. What was more shocking in our findings at some health institutions in Bindura was that they are converting bills that were accrued in Zimbabwean dollars to United States dollars (USD). With most people reeling under the current economic situation which to the majority of the poor people does not seem to be improving they can not afford the new fees in USD. The situation is worse for those children born out of wedlock as their fathers would not want to spend the little, if any, money they might have to pay for these bills and most of their mothersare not formally employed. Space fails us to talk about the orphans. We believe this is illegal and results in violation of rights of the children to a name and nationality.

It will deprive children of other rights which require one to have a birth certificate such as the right to education and freedom of movement where a passport will be required. Parents also end up failing to comply with the birth registration requirements such as the registration of birth within 42 days from the date of birth.

While fees may have to be paid, children should not be caught in the crossfire. In any case there should be a realization that there are some parents who will not be able to pay the fees and the government should still ensure that these enjoy their right to health. This is why we have been calling for a new constitution, which guarantees justiciable economic, social and cultural rights. South Africa has witnessed significant improvements following its 1996 Constitution, which guarantees these rights, and the citizens there have a legal basis for demanding the progressive realization of these rights. We therefore continue to believe that the current constitution making process should be used to advocate for the inclusion of the rights of children in the constitution. South Africa again provides a classic example of how this will help to ensure that the children enjoy their rights such as the right to a name and nationality.

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