Chapter Two Definition of the Child (10)(Article 2) Definition of the child has witnessed a prolonged controversy1 until it was finally settled when the Child Act, 2010 was passed and issued. Article 4 of the Act reads “a child means every human being below the age of eighteen years”. This definition is identical to the definition contained in the African Charter on the Rights and Welfare of the Child. The Child Act, 2010 contains a number of other child definitions, depending on the circumstances in which a child lives. These are listed in Table (2) below: Table (2): Definition of Child Description Definition Child soldier Means a child below eighteen years of age who is appointed, accepted or forced to join a military or paramilitary, regular or irregular force. Child laborer Means a child, between fourteen and eighteen, who is doing labor. Homeless child Means a child who is subjected to danger because of his presence in the street to the extend that endangers his moral, psychological, physical or educational integrity. Delinquent child Means a child who has completed twelve years but below eighteen who committed an act contravening the law. Likely to be Means a child has completed seven years of age but below delinquent child twelve who has been found in an environment that endangers his moral, psychological, physical or educational integrity. Article (8) of the Criminal Act, 1991 defines the responsible child as the major sane natural person. Major means a person on whom signs of puberty have been proven and who has completed fifteen years of age. A person who has completed eighteen years of age is considered major even if signs of puberty did not appear on them. Article (9) of the same stipulates that “a minor who has completed seven years of age who commits an act contravening the law may not be considered committing an offence, but he may be subjected to procedures of reform and care as stipulated herein”. There might be a difference between the Criminal Act and the Child Act, 2010 with regards to the definition of the child. However, this might be bypassed through the application of the Interpretation of Legal Texts Act, 1974. Article 6 (3) (4) of this Act reads: “provisions of a later law prevail over provisions of an earlier law to the extent that removes contradictions between them”. It is worthwhile mentioning that Article 3 of the Child 1 Definition of a child in the Child Act, 2004 which was annulled by the issuance of the Child Act, 2010 was similar to the definition contained in Article (1) of the UNCRC which reads “a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”. 18

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