child labour, juvenile justice, law of marriage, court system. Currently this programme is
implemented in 15 districts.
3:
Definition of the Child
Article 2
Tanzania has diverse definitions of a child and is not yet in compliance with the
definition of the child according to Article 2 of the African Charter. The Law Reform
Commission of Tanzania in its report submitted to the Government in 1994 proposed that
a consolidated ‘Children’s Law’ be developed with a single definition of a ‘child’ as
‘any person below the age of 18 years’ in conformity with the CRC and the ACRWC.
This recommendation is supported and advocated by the Ministry of Justice and
Constitutional Affairs, academicians and NGOs.
Key pieces of legislation such as the Citizenship Act define 18 as the end of childhood4,
and under the constitutions only persons who have attained 18 years of age are entitled to
vote and be elected.
Under Customary, Islamic and Hindu Law, however, the age of
majority is considered to be puberty. Various laws define a child within the contextual
requirement of a specific legislation. For example:
·
In criminal law, there are discrepancies between the Criminal Procedure Act No.
9 of 1985 which defines an adult as a person ‘of or above the age of sixteen
years’, and the Minimum Sentence Act No. 1 of 1972 which defines a ‘juvenile’
as a person under the ‘apparent’ age of eighteen years.
4
On the mainland, Cap 43 the Age of Majority Act No. 55 of 1963, defines the end of childhood as ‘the beginning of
the eighteenth anniversary at the day on which [the child] born.’.. The age of majority under Cap 1 the Interpretation of
Laws Act No. 4 of 1996 and the Chapter 53 the Age of Majority Decree from Zanzibar is also 18 years.
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