Zimbabwe Save the Children Celebrates 100 Years of Child Rights and the Passing of the Criminal Laws Amendment Act
Harare, Zimbabwe- 11 October 2024: 100 years ago on 26 September 1924, the first landmark document to recognise children’s rights was endorsed by world leaders at the Assembly of the League of Nations a forerunner to the United Nations. The document was the Geneva Declaration of the Rights of the Child, which was authored by Save the Children founder, Eglantyne Jebb.
Among the Geneva Declaration of Rights of the Child provisions, its 4th provision provided that the child must “………be protected from all forms of exploitation”. Since then, this document has brought recognition of children as rights holders across the globe and improved children’s wellbeing hence the celebration the 100 years of children’s rights.
The Geneva Declaration of the Rights of the Child birthed various international and regional instruments which were adopted to recognise and protect children’s rights. Among these instruments is the United Nations Convention on the rights of the Child (Adopted by the General Assembly of the United Nations in 1989) and the African Charter on the Rights and Welfare of the Child (adopted by the African Union in 1990).
These treaties influenced Zimbabwe to also adopt a constitution with a specific section committed to children’s rights (S.81 of Act No 20 of 2013). In this section children’s right to protection from all forms of abuse and sexual exploitation is protected.
Zimbabwe’s criminal justice system through section 70 of the Criminal Law Codification and Reform Act failed to fulfil the provisions of S81 of the Constitution by awarding partial protection from child sexual abuse and exploitation to children falling within the category of the ages from 12 to 15 leaving out those from 16 to 18 years. In a progressive judgement, the Constitutional Court declared S70, 76, 83 and 86 of the Criminal Law (Codification and Reform) Act [Chapter 9.23] unconstitutional and set them aside on the 24th of May 2023 in the case of DIANA EUNICE KAWENDA v (1) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS, (2) MINISTER OF HEALTH AND CHILD CARE (3) THE ATTORNEY -GENERAL OF ZIMBABWE CCZ 3/22 in its efforts to ensure protection of children from abuse and sexual exploitation. It had observed that although the constitution protects this right, the Zimbabwean Criminal Justice system lacked this protection and exposed many children aged 16 and above especially girls to sexual abuse exploitation.
As Save the Children celebrates 100 years of children’s rights through the work of its founder Eglantyne Jebb, it also celebrates the amendment of the criminal law Codification and Reform Act through the repeal of Section 70 and its substitution and insertion of S70(A). This amendment which effectively raised the age of consent to 18 years will go a long way in aligning the criminal law with the Constitution and protect children from sexual gender-based violence as well as shielding children from deliberate transmission of HIV and other sexually transmitted infections. The rising of the age of consent from the previous 12 years to 16 years to 18 years is a welcome development to ensure children are protected from sexual exploitation and abuse as enshrined in the International and Regional treaties as well as the Zimbabwean Constitution. The era before this significant development children especially girls were exposed to the risk of abuse and exploitation without adequate protection by the law.
Save the Children therefore appreciates and applauds the positive action that was shown by the relevant duty bearers including the law-making authority and the courts which influenced this development seeking to enhance the protection of children in Zimbabwe from sexual abuse and exploitation.
Bhekimpilo Khanye, Save the Children Country Director in Zimbabwe said:
“ In support of the country’s commitments to respect, protect and fulfil child rights, Save the Children now calls upon all actors to embrace the current amendment to the law and facilitate its implementation including sensitising communities and children on this important development.”
Save the Children has been working in Zimbabwe since 1983. Our mission to ensure children are healthy, educated and safe, relies upon addressing the legal and policy barriers to children’s rights and well-being. Save the children achieves this through generating evidence-based insights and recommendations for policymakers to ensure that the political leadership adopts proven practices, policies and programs for the world’s most vulnerable children, families and communities.
Through working and collaborating with government, partners, communities and children themselves, Save the Children shall continue to inspire three specific breakthroughs for children by 2030 which are SURVIVE: That no child dies from preventable causes before their fifth birthday. LEARN: That all children learn from a quality basic education. BE PROTECTED: That violence against children is no longer tolerated.
-ENDS-
For media enquiries, please contact:
John Mhlanga: Advocacy, Campaigns, Communications & Media Coordinator –john.mhlanga@savethechildren.org
