In addition, children are rarely perceived to be equal to adults within their own communities. Some children have a particularly lowly status including girl children, children with disabilities, children born out of wedlock, children affected by HIV/AIDS, rural children, poor children, street children and refugee children. (please see Articles 21). Best Interest of the Child Article 4 The ‘best interest of the child’ is at times referred to in Tanzanian law as the ‘welfare principle’ and though not specifically reflected in the Constitution, it is a guiding principle of child related legislation.5 For example, the Law of Marriage Act states that, in all custody decisions, the primary consideration should be the welfare of the infant. The law will only separate a child from its parents if the court is satisfied that is the child’s welfare. The principle is also stated in laws relating to children born out of wedlock and to adoption proceedings. Apart from the above, several measures have been taken by both Governments to enact and amend laws so as to enforce the fundamental human Rights and implementing the right to equality. Some of such laws include Zanzibar Employment Act No. 11/2005; Education Act No.4/2005; Penal Act No 6/2004 to mention few. Enforcement of such laws however is still at minimal due to a number of factors such as lack of awareness and existing unwanted traditional values and norms Some important legislation relating to the best interest principle include the case of Ramesh Rajput v. Mrs, Sunanda Rajput (1988 TLR 96) where the Court held that (i) the 5 In Zanzibar the best interest principle is articulated in the Penal Act Rules 7 and 25. These detail that courts should obtain background information to ensure that the child’s “best interests” are taken into account. A Similar provision is also provided in the Mainland Children and Young Persons Act. 12