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March 2012 e-newsletter
Justice for Children Trust
March 09, 2012

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A constitution with children's rights a reality

Justice for Children Trust (JCT) continues with the publication of articles focusing on the progress of the constitution making process vis-a-vis the inclusion of children's rights. The last edition that was published in February 2012 informed stakeholders and partners on the inclusion of children's rights in the leaked 1st draft of the constitution that was published in the Herald of the 10th of February 2012. The article presents justiciable rights of children that are included in some of sections of the leaked 1st draft constitution.

Section 4. 29 of the constitution has a specific section on children's rights. This guarantees the protection of children's rights by the state. The inclusion is a response of the call by JCT and other stakeholders and partners in the child rights sector to have a specific section on the constitution which enshrines children's rights. Countries like South Africa and Malawi have specific sections on children's rights and there is no excuse for the failure of Zimbabwe to do the same. This is because Zimbabwe signed and ratified the United Nations Convention on the Rights of the Child and the African Charter which compel it to show its commitment towards the respect, protection and promotion of children's rights. The glaring inadequacy was the failure to domesticate the aforementioned regional and international instruments on children. Section 4. 29 however makes the inclusion of children's rights in the constitution a reality.

Section 4. 29 on Rights of children states that;

1) Every child, that is to say every person under the age of 18 years, has the right;

a) to equal treatment before the law, including the right to be heard;

b) to be given a name and family name;

c) in the case of a child who is a citizen of Zimbabwe by birth, to the prompt provision of a birth certificate;

d) to family or parental care, or to appropriate alternative care when removed from the family environment;

e) to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect, abuse and degradation;

f) to education, health care services, basic nutrition and shelter, and

g) not to be detained except as a measure of last resort, and if detained;

i) to be detained for the shortest appropriate period;

ii) to be kept separately from detained persons over the age of 18 years; and

iii) to be treated in a manner, and kept in conditions, that take account of the child's age.

2) A child's best interests are of paramount importance in every matter concerning the child. As the constitution making unfolds, JCT will continue updating stakeholders and partners on the progress towards the constitutionalisation of children's rights. In the next edition the organisation will continue publishing some of the sections with children's rights.

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