·
Also worth highlighting is the Sexual Offences (Special Provisions) Act No. 4 of
1998 which redefined the term ‘child’ in order to provide more legal protection
for persons under 18 years. In Zanzibar the Sexual Offences Special Provision
Act No. 7 of 1998 was reviewed to increase the age of protection from fifteen to
eighteen years
.
Other pieces of legislation (for example, the Primary School (Compulsory Enrolment and
Attendance Rules) of 1979) define a ‘child’ as one who has attained the age of 7 years but
is not yet 13. The Adoption of Children Act uses the term ‘infant’ to refer to a person
under 21 years of age. Zanzibar Children’s Policy on Survival, Protection and
Development divides ‘childhood’ into infancy (age 0-1); early childhood (1-6 years);
adolescence 7-14, and puberty (12 for girls, 14 for boys).
Efforts are underway to consolidate laws relating to children and to provide a uniform
definition of a child as recommended by the Law Reform Commission Report of 1994.
4:
General Principles
Non-Discrimination
Article 3, 12 and 26
Article 12 of the URT Constitution states that: “all human beings are born free, and are
all equal” and that “every person is entitled to recognition and respect of his dignity”.
Article 13 states that “all persons are equal before the law and are entitled, without any
discrimination to protection and equality before the law.” The Constitution of Zanzibar
also incorporates a Bill of Rights reaffirming the fundamental protection of rights and
personal freedoms including the right to equality without discrimination.
Despite the above, there are a number of laws which hinder the realization of equality,
including the laws of succession and inheritance.
11