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.
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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).
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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.
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