considered in the review of the Education Act (1978).47 In addition, the Tanzania Police Force (TPF) has
developed two sets of Standard Operating Procedures (SOPs): the first one strives to protect victims of
violence in police stations; and the second set of SOPs seeks to protect juvenile offenders while in police
custody. The Ministry of Community Development Gender and Children has developed Parenting Education
Training Manual for parents/guardians on positive parenting.
73. The State Party recognizes and has constitutionalized a person’s right to dignity. On the basis of
this constitutional guarantee, the State Party has enacted, in section 13(1) of the Law of the Child Act and in
section 14(1) of the Zanzibar Children’s Act, provisions prohibiting subjecting a child ‘to torture, or other
cruel, inhuman punishment or degrading treatment including any cultural practice which dehumanizes or is
injurious to the physical and mental well-being of a child.’ Based on the justified cultural practices in the
State Party, subsection (2) of section 14 of the Zanzibar Children’s Act allows parents to discipline their
children ‘in such a manner which shall not amount to injury to the child’s physical and mental well-being.’ In
terms of subsection (2) of section 13 of the Law of the Child Act: ‘No correction of a child is justifiable
which is unreasonable in kind or in degree according to the age, physical and mental condition of the child
and no correction is justifiable if the child is by reason of tender age or otherwise incapable of understanding
the purpose of the correction.’
74. In Zanzibar, the Ministry of Education has adopted a policy against corporal punishment in
schools. The Ministry of Education and Vocational Training in collaboration with Save the Children
established programme named “Promoting Alternative forms of Discipline in Schools”. The project
established in 2010 working with 10 pilot schools in Unguja and Pemba (1 school per district). Its main aim is
to ensure that corporal punishment is banned in schools by sensitizing teachers as well as parents to use
alternative forms of discipline instead of corporal punishment. All public primary schools have now at least
one teacher who has been trained on the use of alternative forms of discipline.
VI.
FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(a) Introduction
75. During the period of reporting, the State Party implemented the provisions of Article 18 of the
Charter relating to family environment and parental guidance, The State Party enacted specific provisions in
the Law of the Child Act for Mainland and the Children’s Act for Zanzibar, which both require that a child
should basically be raised within the family environment. Both laws provide that every parent should be
responsible to care and protect the children. In case the biological parents of a child are deceased, parental
responsibility may be passed to a relative of either parent or a custodian by way of court order or any
traditional arrangement.
76. Likewise, the Child Development Policy (2008) for Mainland and Child Survival, Protection and
Development Policy (2001) for Zanzibar clearly set out responsibilities of parents in caring, guiding and
protecting the child. In addition, In MKUZA II, Cluster II (Social Wellbeing and Quality Social Services)
(under para 2.6) strives to improve safety nets and social protection for the poor and vulnerable groups, which
include children. The cluster outlines strategies and intervention packages which address the issue of family
environment and parental guidance or responsibilities in the upbringing of children, which includes provision
of support to poor families and households to provide care and protection to the children under their care,
target safety nets and transfers for vulnerable pregnant women and children.147
77. In addition, the State Party initiated an intervention for Most Vulnerable Children (MVC) in light
of concerns about the growing number of children orphaned as a result of HIV/AIDS. In this perspective,
there are programmes now that provide support for all children who are considered to be most vulnerable, in
order to avoid stigma as associated with the identification MVC with HIV/AIDS and because a large
proportion of MVC are not orphans but rather children in destitute conditions. These programmes are being
47
Cap. 353 R.E. 2002.
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