Parent Care and Protection Article 19 Parents have the responsibility to care for and protect their children as discussed in Article 16 and 18 of this report. Under Tanzanian law, children are seldom separated from their parents, though they may if their parents divorce or separate, or in cases when the parent is a criminal or of drunken habits, or persistently ill-treats or neglects his or her child, and/or is residing in a house used by prostitutes. When the court is satisfied that it is in the best interest of the child to be removed, the child is committed to the care of a relative or some other fit person or institution named by the court until s/he is 18. This provision is, however, rarely invoked due to a number of factors. 27 In divorce or judicial separation the child has a right to visit the parent who has not been granted custody. Children of imprisoned mothers are discussed in Article 30 of this report. In Zanzibar, those who can not care for their children, they are taken care by the Social Welfare Department at Forodhani Home, Save Our Souls (SOS) Village s and Muslim agencies, These children are due to parent’s death, mental illness, poor and those born out of wedlock. Parental Responsibility Article 20 Under the Law Marriage Act of 1971, the upbringing and development of the child is the responsibility of parents (please see article 18). 27 Those who are empowered to report these incidences rarely enforce the said provision due to ignorance and at times unwillingness to interfere with family affairs. There is also a lack of clarity on the concept of fit persons and institutions. In the proposed Children’s law it was recommended to omit the police as persons who are also responsible in bringing the child or young person before the court for protection and to include instead the Social Welfare Officer. This proposal intends to remove the confusing overlaps that may exist between the treatment of children in need of protection and care and children charged with criminal offences. 27

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