T”MANKIND OWES TO THE CHILD THE BEST IT HAS TO GIVE”
PREGNANT AND PARENTING SCHOOL’S GIRLS IN TANZANIA.THEIR RIGHTS AND WELFARE.
1.0 INTRODUCTION
My article will specifically address xxxxx teenage mothers and school drop outs in Tanzania . The Education Act, denies students to proceed with their education after delivery . Expulsion of a pregnant girl from school denies her right to development and also limits her opportunities. The practice of expelling pregnant girls from school happens almost all over the world but currently some of the countries like Malawi, South Africa and Australia have tried to come up with xxxxx policies xxxxx accepting pregnant xxx teenage mothers.
Currently there is a strong debate on when childhood starts and when it xxxx ends. Various laws have defined who is a child according to field of life (context), age of marriage, labour,contracts and rules of evidence. The International convention talks about the rights of a child of 1989 (CRC) and define a child to be below eighteen years
Therefore the question, who is a child, has not yet been answered is a great factor behind child maltitreament and discrimination. It is a truism that a child by reason of his physical and mental immaturity, needs special safeguards and care from the community at large and from the statutory regime in Tanzania
Child survival starts at the point when the mother becomes pregnant. The survival of the unborn child depends on the health and nutritional status of the mother and the environment in which she lives . In addition ,the survival of the child after birth is dependent on it receiving all the basic needs xxxxxfood, healthcare and protection from the parents so that it can grow to be a productive part of the community .
Teenage pregnancy is defined in the United States as an under aged girl becoming pregnant. This term refers to women who have not reached the age of legal adulthood, which varies across the world, who become pregnant. However, in the United Kingdom, there is a legal definition whereby a woman is considered to be a pregnant teenager if she becomes pregnant before 18 years of age.
xx As a social issue the impact of teenage pregnancy in developed countries include lower educational levels, higher rates of poverty, and other poorer "life outcomes" in children of teenage mothers. Teenage pregnancy in developing countries is usually outside of marriage, and carries a social stigma in many communities and cultures. For these reasons, there have been many studies and campaigns which attempt to uncover the causes and limit the numberx of teenage pregnancies. In other countries and cultures, particularly in the developing world, teenage pregnancy is usually within marriage .
Studies reveal that pregnant adolescents often face domestic physical violence. Furthermore, parents , partners, and the community within which they live psychologically violate them. Often pregnant adolescents are treated inhumanely and overworked with household chores andxx inadequate food . ManyAdolescents experiencexx stigma and as a result have unsafe abortions.
2. O IMPACT OF EXPULSION FROM SCHOOL
• Teenage mothers are likely not to finish school
• They are less likely to get a job xxx
Young motherhood in a developing country can affect employment and social class. More than three thirds of teenage mothers receive no xxx form of child support, vastly increasing the likelihood of turning to the government for assistance The correlation between early childbearing and failure to complete school reduces career opportunities for many young women. Additionally nearly, 50% of all adolescent mothers sought social assistance within the first five years of their child's life.
One-fourth of adolescent mothers will have a second child within 24 months of the first. The factors that determine which are more likely to have a closely spaced repeat birth include marriage and education: the likelihood decreases with the level of education of the young woman – or her parents – and increases if she gets married.
• Likely to become single parents
• children are at riskx of poor health ,and becoming teenage mothers themselves, thus repeating the cycle.
Early motherhood can affect the psychosocial development of the infant. The occurrence of developmental disabilities and behavioral issues is increased in children born to teen mothers. One study suggested that adolescent mothers are less likely to stimulate their infant through affectionate behaviors such as touch, smiling, and verbal communication, or to be sensitive and accepting toward his or her needs. Another found that those who had more social support were less likely to show anger toward their children or to rely upon punishment.
.
• Failure to finish matrix is a major cost to our society and economy. therefore we need to retain xxx pregnant girls in school until they matriculate so that they are able to contribute to economic growth and transformation.
• Increase rate of unemployed among women in our country.
• Put teenage mothers and their children into high riskx of being affected with HIV.
• Increase of prostitutions in town and cities.
• Carrying out an abortion
People talk a lot in the village and it can becomex a problem, causing or leading to an abortion which may lead to death. This happens if one was impregnated while still studying and the man responsible has denied the pregnancy
• They can’t see the father of the child Some are victims of men who have established homes and cannot afford the public shame of having had relations with an adolescent. Therefore, they will not take responsibility.
• Involve into early marriage.
Bad psychological and social consequences due to negative attitudes and harsh treatment they receive from community.
• High mortality rate
Complications of pregnancy and childbirth are the leading cause of mortality among women between the ages of 15 and 19 in such areas. The highest rate of teenage pregnancy in the world is in sub-Saharan Africa, where women tend to marry at an early age.
.
3.O RECOMMENDATIONS
Pregnant adolescents lack basic needs like shelter, food and security. They also face relational problems with families, partners and the community. There is, therefore, a need to sensitize the community and school personnel about adolescent reproductive health issues. In addition, adolescent friendly services need to be established/strengthened.
Few studies have examined the relationship between early marriage adolescent pregnancy and leaving school.
Two recent population council studies investigate the links between the phenomenon in diverse African settings. Studies looked at several countries in Francophone Africa and in South Africa . xx Periodical journal December 2007, underlies pregnant related school drop outs .South Africa still enrolls pregnant girls and young mothers says Kelly Hillman, the country also supports poor mothers. Australia needs to be our role model on the issues relating to pregnant and parenting students. Australia is rich of good policies on adolescent school mothers.
If xx a girl becomes pregnant while at school the proper solution is not to expel her from school but to suspend her for a period of time for the welfare of the mother and the child. The young mother should be allowed to resume her studies at a later date. .According to CRC preamble, a child should be prepared to live an individual life in the spirit of peace, dignity, tolerance, freedom, equality and solidarity. .
This is very confussing what you are saying in this entire paragraph I am not sure hereIn 1989 Tanzania ratified the convention affecting the rights of children, a State therefore required to make implementation of these rights of the child in accordance with its domestic laws and other relevant international instruments in this field, being dual system Tanzania needs to enact a law specifically to deal with the right and welfare of a child in Tanzania.
“States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless. “
Therefore inacting a law that expels pregnant girls from school after a teenage pregnant is totally contrary to the principles on the rights and welfare of the child as provided by CRC .These are
•
• Principle of non-discrimination
• Principle of child survival and development
• Participation
• Best interest of a child
“states Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child”
.”Such protective measures should, as appropriate, include effective procedures or the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. “
Therefore the state is required to ensure the rights of every child to include a standard of living adequate for the child, physical, mental, spiritual, moral and social development. Preventing a teenage mother from resumeing her studies is like subjecting her to physical and mental violence. This has been experienced in countries where xx school girls have been expelled from school after teenage pregnancy and when they are at home the community treaty them harshly, accusing them, with no body to comfort them even the responsible fathers of the of pregnant deney them. This has not only been experienced in our country but in other countries like Kenya ,Malawi, Francophone Africa ,Australia and Uganda. This is an experience of pregnant girls from Wakiso Uganda
According to CRC the right to education is clearly stated as follows:
1. States Parties recognize the rights of children to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;
(d) Make educational and vocational information and guidance available and accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries
Therefore when you read the above article 28 of CRC you can note that the State is committing a great blunder by not having policies regulating the welfare of teenage mothers in relation with their educational rights.28(2) requires a state take punishment in consistent with the child human dignity,
African charter on the right and welfare of a child (1990) provides that a child have the right of survival and development . Expelling a girl from school can endangering her life and life of her child too. The constitution of United Republic of Tanzania article 11(3) also speaks of the right of every child to education
1959 the United Nation General Assembly proclaimed the rights of children by setting ten principles aimed at ensuring that a child may have a happy childhood and enjoy xx his /her own good and good of the society .Principle 7 of 1959 declaration states that a child is entitled to receive an education ,which shall be free and compulsory ,she shall be given an education which will promote her general culture and enable him /her on the basis of equal opportunity to develop her abilities, her individual judgments and her sense of moral and social responsibility and ultimately become a useful member of the society
When writing my recommendations on how to promote, protect the rights and welfare of parenting and pregnant school girlsx I rewarded great attention to the economic level of the individual and the economic level of the country. The great proportion of families affected by this problem of teen motherhood are often faced with great poverty. Therefore, in this regard I suggest suspension xx be the best punishment for pregnant school girls. To supplement my recommendation I put forward the following ideas to be used strategically in suspending pregnant school girls, xxx without infringing on any of their rights..
Optional one
• Pursuant to education system in Tanzania and biological condition of teenage mother, the duration for suspension should be clearly set as to when to start and when to end. The time of commencing suspension and time of recommencing studies are very crucial to the welfare of both morther and her child.
• xxx I recommend that a girl start her suspension when she is six months pregnant or below. This would enable her to have a longer time to care for the infant before she resumes her studies.
• xx I recommend the duration of the suspension be one year out of school.. 3 months at home before delivery and 7 months after delivery.
Optional two
The following recommendation is based on psychological justifications, that pregnant or teenage mothers are habitually psychologically affected xxx after exclusion from school. Even if they resume studies at the same school, they won’t match up well with studies. To cure this I recommend the followingx:
• The whole community should recognize this problem and stop treating them inhumanly .They need to be given great care, love and courage at the family level. xxxxx.
• Suspended pregnant girls should not be returned to the same school to avoid harassment from fellow students
• The country or community based organization should take measures if possible to build independent primary and secondary schools at least one in each zone of our country deliberately to accommodate pregnant and parenting school’s girls.
• To have antidiscrimination policies for schools and the community which pregnant and parenting schoolx girls belong.
• The country education system should also copy some the systems of Queensland xxx Australia stated by its policy of 1999 on parenting students, including flexibility in school policies and practices relating to curriculum design, teaching and learning strategies , assessment ,classroom attendance, and dress code
• Education systems, schools, and school staff have a responsibility to ensure that all steps are taken to maximize the opportunity for pregnant students and young mothers to complete secondary education.
I therefore call up on the ministry of community development, gender and children in collaboration with Tanzania govevernment to see the importance of having an independent policy and law dealing with the rights and welfare of pregnant and parenting school’s girls. We need to have various campaigns through out the entire countryxx to raise awareness among Tanzania’s and to encourage partnerships between education systems, schools and other government and community agencies to increase the rate of school completion among pregnant students and young mothers.
REFERENCES
STATUTES
General Declaration on the Right of the child of 1924
Universal Declaration on Human Right of 1948
ILO Convention no:138 on Minimum Age for Employment and Marriages
Declaration on the Right OF the Child of 1959
International convention on Economic, Social and Cultural right of 1966.
Africa Charter on human and People’s right of 1981
Convention on the Right of a Child of 1989
Constitution of united Republic of Tanzania of 1977 as it has been amended from time to time.
National education act no: 25 of 1978 as amended from time to time
National Education Expulsion and Exclusion of school regulation GN no:130 of 1979
OTHER REFERENCES
Tanzania Law Reform Commission Report of 1994 on the Law Relating to Right and development of a child in Tanzania
Makaramba Robert .”we owe child the best” The Children Rights in Tanzania .
Thursday, April 17, 2008
CHILD RIGHT IN TANZANIA
ARTICLE .THE ROLE OF TANZANIA LAW REFORM COMMISSION IN PROTECTING AND PROMOTING THE RIGHTS OF CHILDREN IN TANZANIA.
BY ONESMO PAUL OLENGURUMWA HUMAN RIGHTS ACTIVIST.
1.0.INTRODUCTION
The role of Tanzania law reform commission in protecting, promoting and enforcing the rights and welfare of children in Tanzania.
The commission has been established by section 3 of the law reform act of 1980 chapter 171 No:11.The main task of the commission according to part 2 is to examine and reform the laws. It is composed of chairman and other six commissioners. Part 3 provides powers and procedures, it may form a committee by section 9(1) to examine the laws, making report by article 14 incorporate recommendations.
The law reform commission examined many laws including legislation touching the right of child in Tanzania .To respond the question I traced the 2 reports by the law reform commission These are Re-inquiry and report on law of marriage act 1971 and the 1994 report by commission on the law relating to children in Tanzania.
This report addresses itself on the need to reform the Law Relating to Children in
Tanzania. It is a result of concerted efforts of the Law Reform Commission of Tanzania in conjunction with various government departments, the UNICEF, the Ford Foundation as well as other interested persons and institutions.
2,0. OBSERVATIONS
There were already general indications and fears that the present law and practice relating to children's problems in various socio-economic circumstance had been over-taken by the ever changing circumstances. Out of this general concern, the Commission set-up a Working Group for the purpose of examining the problem in Tanzania in view of the existing legal provisions and similar experiences elsewhere. The commission has no power enforce the rights of children. The following specific areas were critically examined in view of their relevancy and importance.
• Definition of a child
• Provision relating to care, maintenance and custody of a child.
• Juvenile Justice system as it deals with juvenile delinquents and other children
• Child abduction
• Provisions on child labor abuse
• Provisions on successions and inheritance as they relate to children rights and welfare.
The commission has only power to examine and reform laws by recommending those changes to government. By doing so then commission protect and promote the right of children in Tanzania.
The above provisions of laws were found to be the main source of child abuse and violations of their rights For instance the definition of a child has been in controversy ever since. The different definition of the term of child in various enactments have resulted in
depriving certain categories of children of their rights and protection under the law.
Under the general statutes with regard to identity, citizenship, age of majority and other
general statutory schemes, the child is defined as one below eighteen years of age in consonance
with the International Conventions and standards
Tanzania with plural legal system also define a child contextually ,customary law has its definition ,Islamic religion, common law, Tanzania legislations define a child differently. In civil statutes, certain definitions of the child tend to deprive the individual so defined
of certain rights and protection. Examples have been cited to include the definition of a child
where a married women of fifteen years is excluded, or definitions of an adult where again such a
married person is excluded.
3.0 RECOMMENDATIONS
3.01.The commission report recommendation on child definition
Marriage age should be raised so that it goes with the rights and benefits conferred
to persons of the age of majority. It is noted that the Commission's recommendation s for the Law of Marriage Act 1971, include the raising of the marriageable age from 15 to 21 years.
The twelve years to sixteen years range of childhood (which invites criminal
responsibility), as defined in Cap. 13 is in line with expert thinking on child psychology and
development in early childhood. However, the present range is rather to strict while there is a
whole transition period towards maturity covering about four years, i.e. from twelve to sixteen
years. Examples from the neighboring countries and some of the Commonwealth indicate that
the age range of children and young person starts from fourteen years of age upwards. The definition of a child and young person should be changed so that child is defined to
mean a person below 14 years and a young person to mean a person of 14 years and above but
below eighteen years.
3.02.The commission also made observation on care and maintenance of child and recommended as follows :
The role of the social Welfare Officers should be expanded so that complaints concerning
maintenance and inadequate care of children are adequately handled. Apart from the role
played by the Marriage Conciliation Boards, counseling by a social welfare officer should be
expressed in the form of a certificate or award binding the parties, and upon breach of the same
such award should be enforced by a court of law as a decree by the aggrieved party.
Legal Protection of Physical Home of the Child
Affiliation Ordinance, Cap. 278
The amount of Tshs. 100/= required to be paid by putative fathers is inadequate in view
of the high costs of living today. The amount payable by putative fathers should at least be 1/8 of putative father's gross. salary or six hundred shillings (600/=) where income cannot be assessed.
Putative fathers should be made responsible even when the marital status of the mother
changes that is when she gets married.
On application for variation of maintenance order, section 5(4) of the Affiliation
Ordinance should be amended so that the report of the Social Welfare officer is made a
Requirement to be taken into consideration. If the application is for the decrease of the amount
erroneously ordered to be paid, such decrease should not affect the amount payable so that it
becomes less that 1/8 of the putative father's gross salary or six hundred shillings where the
income of the putative father cannot be assessed.
A part from section of the Penal Code, there should be additional provisions on general
duty for the provisions of necessaries of life and continuing duty for the parents and guardians of
disabled children or those children in special circumstances which require continued care.
3.03.Recommendations on education
Ways of involving the Community into childcare should be innovated,
developed and fostered.
A scheme should be devised to assist parents who are unable to give uniforms to
their children. Such scheme should be devised both at the local government
level and at the national level.
It should be the basic requirement that school attending children must be
provided with food at school even if this will mean that parents take the
responsibility of paying more.
Pregnant girls should be permitted to resume school one year after delivery.
Day care centers and facilities should be expanded at places of work, in towns
and especially in rural areas.
The Children's Home Act should provide a specific definition and criterion
under which a child might be described as abandoned and in need of care and
specific procedures, be developed for declaring a child abandoned and as such in
need of care.
The state should put more efforts in identifying abandoned children and
providing institutions of care.
Cap. 13 should be amended so as to provide for situations under which and
abandoned - child may be identified and a separate procedure should be
provided for declaring a child as abandoned as well as a more elaborate
procedure for registration and admission to relevant institutions
3.04. Recommendation on Juvenile offenders.
The need to protect children and young persons from suffering physical and
other forms of abuse and neglect is the responsibility of the Community as whole
Intervention in the lives of children and young persons and their families should
take the least disruptive form which is appropriate and that wherever possible,
decisions affecting children and young persons and their families should be
made on the basis of agreement by those affected.
Parents and guardians and others having the care of children and Young Persons
should so far as possible be consulted when decisions are made.
Cultural interests should be protected. Decisions affecting children should be reviewed on a regular basis.
As wide a range as possible of powers to deal with children and young persons
should be available to the Courts when matters affecting children and young
persons come before the Courts.
Young persons who offend the law should be dealt with in a special court
composed of specially trained magistrates and personnel to deal with relevant
cases Distinction between Provisions for Protection
Of Children and Disciplining of Children
It is therefore recommended that the two sets of procedures should be distinguished and
appear different parts of the piece of legislation. The part on protection should be clearly
provided to protect children and it should not appear as if needing protection is an offence in
itself. This is what seems to be the case with the present S.25 of the CYPO, Cap. 13. The part
related to the procedure followed in cases where children have committed an offence, would be
distinct from the one on protection in as much as it will provide for apprehension, bail, detention
pending appearance before the court, etc.
It is recommended that the Commissioner for Social Welfare should be in close contract
with respective prison centers and should be given powers to exercise correction institutional
care in Children in institutions as well as in prisons
3.05. Recommendation on adoption of a child
Under section 4(a) of the Adoption Ordinance, an adoption order shall not be made
except with the consent of every person who is a parent or guardian of the infant or who is liable
by virtue of any order or agreement to contribute to the maintenance of the infant then the commission recommended that so as to ascertain that the consent given by parents, relatives custodian, guardian or guardians and item, is in conformity with the spirit of the Ordinance, the advice of the Commissioner for Social Welfare is necessary. It is therefore recommended that the Commissioner for Social Welfare should be involved in counseling such parents before giving
such consent for adoption.
3.06. Recommendation on child labour
The community should make efforts to identify what type of work the children are doing
and identify relevant costs and risk factors involved. The information on control
measures and on health care of children exposed to risks should be disseminated for
educative purposes.
Once the community is aware of the effects of child labor, steps should be taken to
provide educational opportunities for working children and disseminate information to
parents and employers on health hazards to which children are subjected to.
Issues which relate to appropriate Ministries should be seriously tackled by respective
Ministries; for example, registration of working children, inspection of areas where the Ministry
of Labour should deal with children work and enforcement of child labour laws. However, the
Ministry of Education and the Ministry of Health, among others, should work hand in hand with
the Ministry for Labour. Apart from labour inspectors, social welfare officers should work hand
in hand in the inspection and enforcement of laws against child labour.
3.07. Recommendation on inheritance and succession
Most indigenous Africa families follow matrilineal system of inheritance and family
property is divided to members of the male members of the family leaving the female members
with a minimum share or empty handed.There should be no distinction in inheritance on the basis of sex in relation to property. This takes into account equality between children regardless of sex.
The practice of legitimization should be harmonized under general Affiliation
proceedings and once paternity is legally declared the right to inheritance for the child born out
of wedlock should be equal as for all children of the deceased without distinction.
Eventually the law reform commission managed among other to examine the above laws and ultimately gave recommendations to be acted up on for protection and promotion of children’s rights and welfare in Tanzania. It is a truism that a child by reason of his physical and mental immaturity, needs special safeguards and care from the community at large and from the statutory regime in Tanzania
4.0. REFERENCES
Tanzania law Reform act on 1980 cap 171 No: 11
Tanzania law Reform Commission Report of 1994 on the law Regulating the Development and the Rights and Welfare of Children in Tanzania.
Convention on the Right of a Child of 1989
Makaramba Robert.” We owe child the best “Children Rights in Tanzania.
Re Inquiry and Report on law of Marriage act of 1971 by Tanzania law Reform Commission.
BY ONESMO PAUL OLENGURUMWA HUMAN RIGHTS ACTIVIST.
1.0.INTRODUCTION
The role of Tanzania law reform commission in protecting, promoting and enforcing the rights and welfare of children in Tanzania.
The commission has been established by section 3 of the law reform act of 1980 chapter 171 No:11.The main task of the commission according to part 2 is to examine and reform the laws. It is composed of chairman and other six commissioners. Part 3 provides powers and procedures, it may form a committee by section 9(1) to examine the laws, making report by article 14 incorporate recommendations.
The law reform commission examined many laws including legislation touching the right of child in Tanzania .To respond the question I traced the 2 reports by the law reform commission These are Re-inquiry and report on law of marriage act 1971 and the 1994 report by commission on the law relating to children in Tanzania.
This report addresses itself on the need to reform the Law Relating to Children in
Tanzania. It is a result of concerted efforts of the Law Reform Commission of Tanzania in conjunction with various government departments, the UNICEF, the Ford Foundation as well as other interested persons and institutions.
2,0. OBSERVATIONS
There were already general indications and fears that the present law and practice relating to children's problems in various socio-economic circumstance had been over-taken by the ever changing circumstances. Out of this general concern, the Commission set-up a Working Group for the purpose of examining the problem in Tanzania in view of the existing legal provisions and similar experiences elsewhere. The commission has no power enforce the rights of children. The following specific areas were critically examined in view of their relevancy and importance.
• Definition of a child
• Provision relating to care, maintenance and custody of a child.
• Juvenile Justice system as it deals with juvenile delinquents and other children
• Child abduction
• Provisions on child labor abuse
• Provisions on successions and inheritance as they relate to children rights and welfare.
The commission has only power to examine and reform laws by recommending those changes to government. By doing so then commission protect and promote the right of children in Tanzania.
The above provisions of laws were found to be the main source of child abuse and violations of their rights For instance the definition of a child has been in controversy ever since. The different definition of the term of child in various enactments have resulted in
depriving certain categories of children of their rights and protection under the law.
Under the general statutes with regard to identity, citizenship, age of majority and other
general statutory schemes, the child is defined as one below eighteen years of age in consonance
with the International Conventions and standards
Tanzania with plural legal system also define a child contextually ,customary law has its definition ,Islamic religion, common law, Tanzania legislations define a child differently. In civil statutes, certain definitions of the child tend to deprive the individual so defined
of certain rights and protection. Examples have been cited to include the definition of a child
where a married women of fifteen years is excluded, or definitions of an adult where again such a
married person is excluded.
3.0 RECOMMENDATIONS
3.01.The commission report recommendation on child definition
Marriage age should be raised so that it goes with the rights and benefits conferred
to persons of the age of majority. It is noted that the Commission's recommendation s for the Law of Marriage Act 1971, include the raising of the marriageable age from 15 to 21 years.
The twelve years to sixteen years range of childhood (which invites criminal
responsibility), as defined in Cap. 13 is in line with expert thinking on child psychology and
development in early childhood. However, the present range is rather to strict while there is a
whole transition period towards maturity covering about four years, i.e. from twelve to sixteen
years. Examples from the neighboring countries and some of the Commonwealth indicate that
the age range of children and young person starts from fourteen years of age upwards. The definition of a child and young person should be changed so that child is defined to
mean a person below 14 years and a young person to mean a person of 14 years and above but
below eighteen years.
3.02.The commission also made observation on care and maintenance of child and recommended as follows :
The role of the social Welfare Officers should be expanded so that complaints concerning
maintenance and inadequate care of children are adequately handled. Apart from the role
played by the Marriage Conciliation Boards, counseling by a social welfare officer should be
expressed in the form of a certificate or award binding the parties, and upon breach of the same
such award should be enforced by a court of law as a decree by the aggrieved party.
Legal Protection of Physical Home of the Child
Affiliation Ordinance, Cap. 278
The amount of Tshs. 100/= required to be paid by putative fathers is inadequate in view
of the high costs of living today. The amount payable by putative fathers should at least be 1/8 of putative father's gross. salary or six hundred shillings (600/=) where income cannot be assessed.
Putative fathers should be made responsible even when the marital status of the mother
changes that is when she gets married.
On application for variation of maintenance order, section 5(4) of the Affiliation
Ordinance should be amended so that the report of the Social Welfare officer is made a
Requirement to be taken into consideration. If the application is for the decrease of the amount
erroneously ordered to be paid, such decrease should not affect the amount payable so that it
becomes less that 1/8 of the putative father's gross salary or six hundred shillings where the
income of the putative father cannot be assessed.
A part from section of the Penal Code, there should be additional provisions on general
duty for the provisions of necessaries of life and continuing duty for the parents and guardians of
disabled children or those children in special circumstances which require continued care.
3.03.Recommendations on education
Ways of involving the Community into childcare should be innovated,
developed and fostered.
A scheme should be devised to assist parents who are unable to give uniforms to
their children. Such scheme should be devised both at the local government
level and at the national level.
It should be the basic requirement that school attending children must be
provided with food at school even if this will mean that parents take the
responsibility of paying more.
Pregnant girls should be permitted to resume school one year after delivery.
Day care centers and facilities should be expanded at places of work, in towns
and especially in rural areas.
The Children's Home Act should provide a specific definition and criterion
under which a child might be described as abandoned and in need of care and
specific procedures, be developed for declaring a child abandoned and as such in
need of care.
The state should put more efforts in identifying abandoned children and
providing institutions of care.
Cap. 13 should be amended so as to provide for situations under which and
abandoned - child may be identified and a separate procedure should be
provided for declaring a child as abandoned as well as a more elaborate
procedure for registration and admission to relevant institutions
3.04. Recommendation on Juvenile offenders.
The need to protect children and young persons from suffering physical and
other forms of abuse and neglect is the responsibility of the Community as whole
Intervention in the lives of children and young persons and their families should
take the least disruptive form which is appropriate and that wherever possible,
decisions affecting children and young persons and their families should be
made on the basis of agreement by those affected.
Parents and guardians and others having the care of children and Young Persons
should so far as possible be consulted when decisions are made.
Cultural interests should be protected. Decisions affecting children should be reviewed on a regular basis.
As wide a range as possible of powers to deal with children and young persons
should be available to the Courts when matters affecting children and young
persons come before the Courts.
Young persons who offend the law should be dealt with in a special court
composed of specially trained magistrates and personnel to deal with relevant
cases Distinction between Provisions for Protection
Of Children and Disciplining of Children
It is therefore recommended that the two sets of procedures should be distinguished and
appear different parts of the piece of legislation. The part on protection should be clearly
provided to protect children and it should not appear as if needing protection is an offence in
itself. This is what seems to be the case with the present S.25 of the CYPO, Cap. 13. The part
related to the procedure followed in cases where children have committed an offence, would be
distinct from the one on protection in as much as it will provide for apprehension, bail, detention
pending appearance before the court, etc.
It is recommended that the Commissioner for Social Welfare should be in close contract
with respective prison centers and should be given powers to exercise correction institutional
care in Children in institutions as well as in prisons
3.05. Recommendation on adoption of a child
Under section 4(a) of the Adoption Ordinance, an adoption order shall not be made
except with the consent of every person who is a parent or guardian of the infant or who is liable
by virtue of any order or agreement to contribute to the maintenance of the infant then the commission recommended that so as to ascertain that the consent given by parents, relatives custodian, guardian or guardians and item, is in conformity with the spirit of the Ordinance, the advice of the Commissioner for Social Welfare is necessary. It is therefore recommended that the Commissioner for Social Welfare should be involved in counseling such parents before giving
such consent for adoption.
3.06. Recommendation on child labour
The community should make efforts to identify what type of work the children are doing
and identify relevant costs and risk factors involved. The information on control
measures and on health care of children exposed to risks should be disseminated for
educative purposes.
Once the community is aware of the effects of child labor, steps should be taken to
provide educational opportunities for working children and disseminate information to
parents and employers on health hazards to which children are subjected to.
Issues which relate to appropriate Ministries should be seriously tackled by respective
Ministries; for example, registration of working children, inspection of areas where the Ministry
of Labour should deal with children work and enforcement of child labour laws. However, the
Ministry of Education and the Ministry of Health, among others, should work hand in hand with
the Ministry for Labour. Apart from labour inspectors, social welfare officers should work hand
in hand in the inspection and enforcement of laws against child labour.
3.07. Recommendation on inheritance and succession
Most indigenous Africa families follow matrilineal system of inheritance and family
property is divided to members of the male members of the family leaving the female members
with a minimum share or empty handed.There should be no distinction in inheritance on the basis of sex in relation to property. This takes into account equality between children regardless of sex.
The practice of legitimization should be harmonized under general Affiliation
proceedings and once paternity is legally declared the right to inheritance for the child born out
of wedlock should be equal as for all children of the deceased without distinction.
Eventually the law reform commission managed among other to examine the above laws and ultimately gave recommendations to be acted up on for protection and promotion of children’s rights and welfare in Tanzania. It is a truism that a child by reason of his physical and mental immaturity, needs special safeguards and care from the community at large and from the statutory regime in Tanzania
4.0. REFERENCES
Tanzania law Reform act on 1980 cap 171 No: 11
Tanzania law Reform Commission Report of 1994 on the law Regulating the Development and the Rights and Welfare of Children in Tanzania.
Convention on the Right of a Child of 1989
Makaramba Robert.” We owe child the best “Children Rights in Tanzania.
Re Inquiry and Report on law of Marriage act of 1971 by Tanzania law Reform Commission.
Subscribe to:
Posts (Atom)