Child marriages in Zimbabwe and the failure by the State to fulfil its obligations to protect the rights of childrenPosted: 26 August, 2021
Author: Nqobani Nyathi
Researcher, Centre for Human Rights, University of Pretoria
Recently, there have been reports about a 14-year old child who died during childbirth. The reason why such a tragedy happened and may continue to happen is the State’s failure or unwillingness to eradicate child marriages. This article seeks to outline Zimbabwe’s legislative framework regarding child marriages and its obligations in terms of international law.
The legal position
Child marriage is illegal in Zimbabwe as held by Zimbabwe’s Constitutional Court. In January 2016, the apex court rightly found that the legislative provisions legalising child marriages were inconsistent with the Constitution of Zimbabwe. The Constitution has fairly strong provisions promoting and protecting the rights of children, including the right to be protected from sexual exploitation or any form of abuse. The Court also observed that historically there has been a “lack of common social consciousness on the problems of girls who became victims of early marriages.”
The fact that child marriages had to be declared illegal through litigation exposes this lack of common social consciousness. Zimbabwe had been clinging to the archaic law legalising the marriage of children in terms of both the Marriage Act 81 of 1964 and the Customary Marriages Act 23 of 1950.
Authors: Coordinator and members of the Implementation Clinic of the Centre for Human Rights
|Henrietta Ekefre||Samuel Ade Ndasi||Susan Mutambasere||Jonathan Obwogi|
In 2012, the Centre for Human Rights, University of Pretoria, together with La Rencontre Africaine pour la Defense des Droits de l’Homme (RADDHO), an NGO in Senegal, submitted a case to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). The case concerned children forced into street begging in Senegal.
Since the 1980s, Senegal has had a challenge with access to primary education, which leaves thousands of children unable to get absorbed in the mainstream schools. Further, religion plays an important role in the upbringing of children. These have contributed to a situation where at least 100 000 children are enrolled in daaras (religious schools) often far away from their parents. The daaras are administered by marabouts who are religious leaders and not trained educators. These children who are called talibés live in deplorable and overcrowded conditions where they are subjected to various forms of abuse. The marabouts exploit the talibés by making them beg on the streets. In some instances, children are given financial targets to reach, failure of which results in punishment. There is no provision of medical care should the talibés fall sick as they essentially have to fend for themselves.
Realising the right to birth registration to prevent statelessness in Africa: in the context of the General Comment on Article 6 of the African Children’s CharterPosted: 15 December, 2014
As is the case with other human rights, the right to birth registration and nationality are interrelated, and the realization of these rights plays a great role in preventing statelessness. Birth registration, as an act of recording a birth of a child by a governmental authority with the effect of granting the child a legal personality, establishes the existence in law of a child. It is through birth registration and acquisition of a birth certificate that the parentage of children, their age, and their place of birth can be recorded. These elements play a significant role in according nationality for children, and hence prevent statelessness.
It is in consideration of this fact that Article 6 of the African Charter on the Rights and Welfare of the Child (ACRWC/the African Children’s Charter) recognizes three interlinked rights and imposes an obligation on State Parties to take legislative measures to prevent statelessness among children. In order to clearly spell out and explain the obligations of State Parties in implementing the provision, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), in April 2013, adopted a General Comment (the General Comment) on this particular Article. This article briefly explains the reasons why the Committee decided to develop the General Comment and the major principles included in the General Comment.
The State’s ineptitude or indisposition to deal with Eastern Cape education is a continuous violation of children’s rightsPosted: 16 May, 2013
Without citing any empirical evidence, it is known that the quality of school facilities has an indirect effect on learning and ultimately on its output. For instance, in a study carried out in India (1996), out of 59 schools in a region, only 49 had structures. Of these 49 schools, 25 had a toilet, 20 had electricity, 10 had a school library and four had a television set. In this study, the quality of the learning environment was strongly correlated with pupils’ achievement in Hindi and mathematics.
Further, a research study was conducted in Latin America that included 50 000 students in grades 3 and 4, it was found that learners whose schools lacked classroom materials and had inadequate libraries were significantly more likely to show lower test scores and higher grade repetition than those whose schools were well equipped (see the United Nations Children’s Fund’s paper ‘Defining Quality Education’). There are many other studies done even in Africa, for example in Botswana, Nigeria and Papua New Guinea, indicating similar outcomes.
There seem to be a correlation between good school infrastructures, other quality dimensions (inter alia the quality of content, psychological aspects, quality processes involved) and the achievement of higher grades by learners. In this opinion piece, I examine the state of education in the Eastern Cape, and the failure by the South Africa government to meet its constitutional and international obligations to provide basic education.
Author: Ayalew Getachew Assefa
Lecturer in Law, Makelle University, Ethiopia
Reflections on the Decision of the African Committee of Experts on the Rights and Welfare of the Child concerning the violation of the rights of Nubian children in Kenya
The African Committee of Experts on the Rights and Welfare of the Child (the Committee) has recently made a decision on the communication concerning the violation of the rights of Nubian children in Kenya. (Communication 002/2009 Institute for Human Rights and Development in Africa and Open Society Justice Initiative on behalf of children of Nubian descent in Kenya v Kenya). This body’s first ever decision tells much about the avowed intent of the Committee to address the challenges of the Nubian children as it goes a great length despite the continuous disregard of cooperation from the government of Kenya. In its well-articulated decision, the Committee finds the Government of Kenya in violation of the right to non-discrimination, nationality, health and health services, protection against statelessness and education of Nubian Children living in Kenya. Addressing a wide range of issues, the Committee even goes beyond what was requested by the applicant and interpreted Article 31 of the African Charter on the Rights and Welfare of the Child (African Children’s Charter) in the light of the issues raised (para 66).