The Sunday News
Sunday News Correspondent
ZIMBABWE Women Lawyers Association joins the rest of Africa in commemorating the Day of the African child. The Day of the African Child is commemorated every year on 16 June by Member States of the African Union (AU), and its partners (in accordance with Resolution CM/Res.1290 (XL). The Day of the African Child has been commemorated on 16 June every year since 1991, when it was initiated by the Organisation of African Unity. It honours those who participated in the Soweto Uprising in 1976 on that day. It also raises awareness of the continuing need for improvement of the education provided to African children.
This year the theme is Accelerating Our Collective Efforts to End Child Marriage in Africa. Poverty and unemployment among other things create a fertile ground for the abuse of children’s rights including child marriages.
The Constitution of Zimbabwe clearly defines a child as a boy or girl under the age of 18 years. It accords certain rights towards the child including being protected from economic and sexual exploitation, child labour and maltreatment, neglect or any form of abuse.
Within the same Constitution it is stated the right to found a family is for people who are above 18 years and it goes on to say no one can be forced to enter into a marriage without their consent. Therefore, all parties who enter into marriage should enter into it willingly and without anybody forcing them to.
The African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child also define a child as any person under the age of 18 years.
This day presents an opportunity to focus on the work that has been done in upholding the rights of children on the continent, to consolidate efforts in addressing the challenges in realising these rights. This also provides an occasion for everyone including the Government, international institutions and communities to renew their on-going commitments towards improving the plight of children including child marriages, by putting in place programmes and implementing laws that address their plight. It is also a day to reflect on what else can be done to protect children more from any form of abuse and to take stern measures against perpetrators of violence against children.
Zimbabwe Women Lawyers Association would therefore like to implore the State and all executive, legislative and judicial institutions and agencies of Government at every level to respect, protect, promote and fulfil the right of children, especially girls, to be protected from sexual exploitation by taking the following measures:
(1) Aligning laws to the Constitution and international human rights law as a matter of urgency to ensure the minimum age of marriage is 18 years;
(2) Include a mandatory minimum sentence in cases of sexual intercourse with minors so as to deter would-be offenders;
(3) Take measures to eradicate formal and informal child marriages;
(4) Interpret and implement the laws in a uniform manner that best protects the child;
(5) Uphold all other rights of children such as the right to education as a sexually exploited young girl may stop going to school should she fall pregnant and the right to health should the young girl acquire any STDs or STIs or HIV/Aids.
