most important factor in custody proceedings is the welfare of the child; and that (ii) an infant child of two years should be with the mother unless there are very strong reasons to the contrary. In the case of Maria Tumbo v. Harold Tumbo (1983 TLR 296 ) the court held that in matters of custody the welfare of the infant is of paramount consideration, but where the infant is of an age to express an independent opinion, the court is obliged to have regard to his or her wishes. The best interests of the child are also referred to in the Employment and Labour Relations Act of 2004, and are the guiding principle for the provision of in camera proceeding in cases involving children, especially in sexually offences (please see article 10). They also guide the national standards for protecting children in institutional care (please see article 20.2). It is anticipated that in the recommended Children’s Act the best interest of the child will be the primary considerations in all matters pertaining to child rights and welfare. Despite the above, the law also allows the court to regard the wishes of the parents and the customs to which they belong. Several NGOs have recommended that the requirement for courts to have regard for the customs of the community is outdated and may act against the best interests of the child. The Right to Life, Survival and Development Article 5 Article 14 of the URT Constitution states that: “every person has the right to live and to protection of his life by the society in accordance with law”. The right to life is considered to start at conception since abortion is illegal in the URT. Induced abortion (known in Tanzania as ‘child destruction’) and attempts to procure abortions are criminal offences except when carried out in good faith for the purpose of 13