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