in Unguja and Pemba Islands. A parallel training was also conducted to children advisory board (CAB)
and to women and children officers at the district levels in Zanzibar.
III. DEFINITION OF THE CHILD
(a) Legislative Measures
25. The State Party has now adopted the Law of Child Act 2009 in Tanzania Mainland and the
Children Act 2011 in Zanzibar that defines a child as any person under the age of 18. There are other laws in
the country which contradict these laws by providing different ages of a child in different issues example:
employment (the Employment and Labour Relations Act) – 14 years, marriage (Law of Marriage Act) – 15
years, age of criminal responsibility (the Penal Code CAP 16) – 12 years. As noted above, the definition of a
child is set out in Article 53(3) of the Proposed Constitution (2014) in similar terms with the one in the
Charter. The adoption of this Constitution will facilitate the harmonization of definition of the child in other
laws.
26. In addition, the two child laws have domesticated the principles enshrined in the ACRWC; and, as
such, they repeal, replace and/or amend the laws which were repugnant to the Charter in order to make them
compliant to the ACRWC principles and standards. In Zanzibar the Children’s Act has repealed and replaced
the laws enlisted in Table No. 2 appended in Annex A to this report.
27. In Tanzania Mainland, the Law of the Child Act (LCA) has repealed and replaced the following laws: the
Affiliation Act; the Adoption Act; the Day Care Centres Act; the Children and Young Persons Act; and the
Children Home (Regulation) Act. In addition, the LCA has also amended a number of laws touching on child
issues as indicated in Table 2 of Annex A.
IV. GENERAL PRINCIPLES
(a) Non Discrimination
28. The State Party to continues revising all its legislation in order to bring it in full compliance with
Articles 3 and 26 of the Charter. In particular, the State Party has completed the said review, which
culminated in the enactment of the Law of the Child Act in 2009 for Tanzania Mainland and the Children’s
Act in 2011 for Zanzibar. Both pieces of legislation has complied with the provisions of Article 3 of the
Charter that prohibits discrimination of any kind, irrespective of the child’s or his or her parent’s or legal
guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin,
property, disability, birth or other status. In addition, both constitutions – i.e. the Constitution of the United
Republic of Tanzania (1977) and the Constitution of Zanzibar (1984) – have specific provisions that comply
with Article 3 of the Charter. This constitutional framework makes it mandatory for all laws enacted in the
State Party to comply with the no-discrimination principle. Where any law is contrary to this principle, the
High Courts of Tanzania and Zanzibar has power to declare the said law to be unconstitutional for being
repugnant to the said constitutional provisions.
29. In addition, in 2014 the State Party adopted a New Education Policy (applicable in the Mainland),
which provides for access to education without any discrimination. Further, the State Party has increased the
number of inclusive education schools, which give children with disabilities opportunity to interact with other
children; hence they help in decreasing the level of stigma and discrimination of children with disabilities.
However, this goes together with recruiting teacher with qualification for this purpose.
30. In Zanzibar, all children who have special education needs (which include children with
disabilities) access education on the basis of inclusive education. The Ministry of Education and Vocational
Training, through the Special Education Unit, has increased the number of inclusive education schools up to
87. In addition, the number of students has increased from 450 in 2005 to 3,883 in 2011 and the number of
teachers, who have been trained on sign language and “Braille”, has increased from up to 2,390 in 2011. In
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