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The right to life, survival and development compromised - Time to call for children's right to primary health care
Justice for Children Trust
June 29, 2010

The outbreak of measles in most parts of the country has threatened children's human rights. The disease is most prevalent in some members of the apostolic sect. According to the Herald of 22 January 2010 the major underlying cause for the outbreak of measles is attributed to the failure of the apostolic sect members to immunize their children due to religious beliefs." This calls for the organizations in the child rights sector to lobby the government to put restrictive measures which ensures that all children are immunized against child killer diseases.

The government has an obligation to ensure that every child has a right to health. Article 14 S 2 (b) of the African Charter on the Welfare and the Rights of the Child (African Charter) state that the government should ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care. Article 21 S(1) of the latter further states that the government should take appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular customs and practices prejudicial to the health or life of the child.

The situation on the ground however, does not reveal the commitment of the government to ensure that the provisions of the right to health become accessible, particularly to children who are vulnerable. This is despite the fact that children are a group which requires special protection. The consequences for failing to fully promote and protect children's rights to primary health by the state and some members of the apostolic sect has implications in violating children's fundamental rights. The Herald of the 22nd of January 2009 reported that 51 children have died of measles since November 2009 when the disease was detected. According to the Herald of the 21st of January 2010 the World Health Organization (WHO), reported that there are now 1 052 suspected measles cases across Zimbabwe of which 161 have been laboratory confirmed.

The other underlying cause of deaths among children can be attributed to neglect and ignorance on the part of some members of the apostolic sect. It is important to note that the failure to immunize children due to neglect is a criminal offence under Children's Act section 7 (1). The section provides that, "if any parent or guardian of a child or young person assaults, ill-treats, neglects, abandons or expose him or allows, causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause him unnecessary suffering or to injure or detrimentally to affect his health or morals or any part or function of his mind, he shall be guilty of an offence." The implementation of such provisions by the courts and police can be used as deterrence to who would be offenders.

The call by the Health and Child Welfare Deputy Minister Dr Douglas Mombeshora in the Herald of the 22nd of January 2010 that, "government could soon invoke provisions of the Public Health Act to empower the Minister of Health and Child Welfare to enforce immunization against child killer diseases among some members of the apostolic sect who refuse to immunize children is a welcome development towards ensuring that children's rights to primary health care is safeguarded." The provision will also assist in ensuring that children's rights to primary health care is fully respected and promoted to the benefit of the child.

It is also important to note that organizations in the child rights sector can contribute to ensure that children's rights to primary health is fully respected and promoted by some members of the apostolic sect by capacity building and sensitizing them on laws of child protection vis-à-vis children's rights. This will contribute in ensuring a change in religious, cultural and attitudinal beliefs that affects children's rights.

JCT therefore calls upon the government to put strict measures which ensures that all children are immunized against child killer diseases and the constitution making process should also be used to lobby for the need of children's rights to primary health among other rights like education, food, shelter, care and protection.

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