Committee recommends the Government of Zimbabwe to regularly submit a report to
the Committee on the commemoration of the Day of the African Child.
B. Definition of the Child
11. The Committee commends the State Party for defining a child as a person below
the age of 18 years under the newly enacted Constitution. However, the Committee is
concerned that there still exists a contradiction on the definition of the child in the
various laws such as the Public Health Act, the Marriage Act and the Criminal Act.
Therefore, the Committee urges the State Party to harmonize the definition of the child
in all laws in line with article 2 of the African Children's Charter.
12. In addition, the Committee is highly concerned that the Marriage Act set the
minimum age of marriage for the girl child at the age of 16 years old and that the
Customary Marriage Act doesn't provide for the minimum age of marriage. The
Committee, thus, strongly urges the State Party to provide the minimum age of marriage
to be at the age of 18 in all circumstances in accordance with articles 2 and 21 of the
African Children's Charter.
13. The Committee is further concerned that the minimum age of criminal responsibility
is set at the age of 7 years. Therefore, the Committee recommends the State Party to
raise the minimum age of criminal responsibility to at least to 12 year of age which is the
acceptable international standard sated bearing in mind the facts of emotional, mental
and intellectual maturity of the child.
0. General Principles
Non- Discrimination
14. The Committee appreciates the State Party for its effort to ensure the principle of
non-discrimination is observed through the incorporation of the principle in the
Constitution. However, the Committee has a concern on the existence of discriminatory
provisions under the Marriage Act chapter 5 and the Customary Marriage Act against
the girl child. In addition, the Committee noted that there is discrimination between men
and women under the Guardianship of Minors Act and the Births and Deaths
Registration Act in relation to the custody and registration of children respectively.
Therefore, the Committee recommends the Government of Zimbabwe to review and
harmonize all laws in line with Article 3 of the African Children's Charter.
15. The Committee further recommends the State Party to continue its efforts to ensure
that all children are not discriminated and are enjoying their rights and freedoms